Last updated: 10/22/2018
Decree Of Invalidity Of Civil Union {JDF 1263}
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Description
JDF 1 263 R 7 /1 3 DECREE OF DECLARATION OF INVALIDITY OF CIVIL UNION Page 1 of 3 District Court County, Colorado Court Address: In re the Civil Union of: Petitioner: and Co - Petitioner/Respondent: COURT USE ONLY Case Number: Division Courtroom DECREE OF DECLARATION OF INVALIDITY OF CIVIL UNION This matter was reviewed by the Court on (date). Petitioner Co - Petitioner Respondent Appeared in person Appeared in person Did not appear Was represented by an attorney Attorney Name: Was represented by an attorney Attorney Name: The Court has examined the record and makes the following findings: 1. The Court has jurisdiction over the parties because: The parties filed jointly on (date). The Respondent (name) was served with a Summons on (date) at (location). The Respondent signed a waiver on (date). Publication of the Summons occurred on (date). 2. The Petitioner Co - Petitioner/Respondent had residence in Colorado for 30 days before this case was filed or the parties entered into a civil union in Colorado on (date). 3. Grounds for the Declaration of Invalidity of Civil Union are as follows : A party lacked ca pacity to consent to the civil union at the time the civil union was solemnized, either because of mental incapacity or infirmity or because of the influence of alcohol, drugs, or other incapacitating substances. A party lacked the physical capacity to consummate the civil union by sexual intercourse, and the other party did not at the time the civil union was solemnized know of the incapacity. A party was under the age of eighteen. A party was eighteen years of age or older, subject to a guardianship, and did not have the written consent of his or her guardian to enter into the civil union. American LegalNet, Inc. www.FormsWorkFlow.com JDF 1 263 R 7 /1 3 DECREE OF DECLARATION OF INVALIDITY OF CIVIL UNION Page 2 of 3 One party entered into the civil union in reliance upon a fraudulent act or representation of the other party, which f raudulent act or representation goes to the essence of the civil union . One or both parties entered into the civil union under duress exercised by the other party or a third party, whether or not such other party knew of such exercise of duress. One or both parties entered into the civil union as a jest or dare. The union is prohibited by law, including the following: A civil union entered into prior to the dissolution of an earlier marriage or civil union of one of the parties; A civil union between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood; A civil union between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood; A civil union which was void by the law of the place where such union was contracted . 4. The Separation Agreement between the parties is found to be not unconscionable as to support, maintenance (partner support) , and division of property and debts, and is incorporated herein. 5. All provisions in the Parenting Plan regarding the children are in the best interests of the children, including residence, allocation of parental responsibility (including decision - making responsibilities and parenting time), and any other orders necessar y to effectuate the best interests of the children. 6. The name change request is not detrimental to any person. The Court Orders: The civil union of the parties shall be declared invalid as of (the date of the civil union). Each party shall Each party shall perform all of the applicable provisions of the separation agreement or permanent orders. The Separation Agreement filed on (date) is incorporated into this Decree. or Has been read into the record and will be reduced to writing and filed on or before (date). The Parenting Plan filed on (date) is incorporated into this Decree. American LegalNet, Inc. www.FormsWorkFlow.com JDF 1 263 R 7 /1 3 DECREE OF DECLARATION OF INVALIDITY OF CIVIL UNION Page 3 of 3 or The Court has entere d permanent orders, which will be reduced to writing and filed, on or before (date). or It is in the best interests of the parties that the Court has entered a Decree, even though there are no permanent orders on this date. or Permanent orders are set forth below: Any Support Order entered will become part of this Decree. A Protection/Restraining Order was issued on (date). The Protection/Restraining Order is: Vacated. Continued to (date) pursuant to 24713 - 14 - 10 6(1)(c) , C.R.S. No changes have been made to the existing Protection/Restraining Order . Changes have been made to the existing Protection/Restraining Order, as follows. The is granted a restoration of the prior name . Other: Date : Judge Magistrate American LegalNet, Inc. www.FormsWorkFlow.com
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