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The JDF 1101 form, also known as the Petition for Dissolution or Separation, is an essential document for individuals in Colorado seeking to initiate the legal process of ending their marriage either through divorce or legal separation. This form gathers crucial information pertaining to the parties involved, including their full legal names, contact information, and details about any children born or adopted during the marriage. It requires the petitioner to outline critical aspects such as the date of marriage, date of separation, and whether there are children involved. Moreover, the form also includes sections to address various legal obligations, such as existing protection orders, child support cases, or any involvement in human services. Parties must be aware of the automatic temporary injunction that comes into effect upon filing. This injunction places restrictions on both parties regarding marital property and the children involved, ensuring that neither individual can make significant changes without notice to the other. By clearly outlining the necessary steps and information required, the JDF 1101 form serves a pivotal role in guiding individuals through the complexities of family law in Colorado.

Jdf 1101 Example

District Court

 

 

Colorado County:

 

 

Court Address:

 

 

Parties:

 

 

Petitioner:

 

 

&

 

 

Respondent:

 

Court Use Only

(or Co-petitioner)

 

Filed by:

 

Case

Name:

 

 

Number:

Address:

 

 

Division:

Phone

Fax:

Courtroom:

Email:

Bar Number:

 

 

(For lawyers)

 

Petition for:

Dissolution

Legal Separation

If children are part of this action, please check here

1.This petition is filed pursuant to C.R.S. § 14-10-106.

2.The Marriage is irretrievably broken.

3. Information about the Petitioner: Check if in Military

Full Legal Name: ___________________________________________ Date of Birth: _________________

Length of Current Residency in Colorado:

 

(Years/months) Dates:

Current Mailing Address:

 

 

 

 

 

 

 

 

 

Apt.#________

City:

 

 

State:

Zip Code: ___________ Home Phone #:

 

 

 

 

 

 

 

 

 

 

 

 

Email Address: _______________________________ Cell Phone #:

4. Information about the Co-Petitioner/Respondent: Check if in Military

Full Legal Name: ___________________________________________ Date of Birth: _________________

Length of Current Residency in Colorado:

 

(Years/months) Dates:

Current Mailing Address:

 

 

 

 

 

 

 

 

 

Apt.#________

City:

 

 

State:

Zip Code: ___________ Home Phone #:

 

 

 

 

 

 

 

 

 

 

 

 

Email Address: ______________________________ Cell Phone #:

5.Date of the Marriage: ___________________ Place of Marriage: __________________________ (City/State)

6.Date the parties separated: ______________________

www.courts.state.co.us/Forms/family

 

 

JDF 1101 - Petition for Dissolution or Separation (Marriage)

R: January 18, 2022

Page 1 of 5

7.A party to the marriage is presently expecting a child not presently expecting a child

8.The following child(ren) was/were born or adopted of this marriage. (attach a second sheet, if necessary):

Full Name of Child

Present Address

Sex

Date of Birth

Regarding the Indian Child Welfare Act (ICWA):

I am aware of the child or child’s relatives having American Indian/Native American or Alaska Native ancestry.

Name of tribe(s)

NOTE: If you checked that you are “aware” of the child or child’s relatives having any American Indian/Native American or Alaska Native ancestry, you must complete and file with the court, JDF 1350 – Indian Child Welfare Act (ICWA) Assessment Form.

I am not aware of the child or child’s relatives having any American Indian/Native American or Alaska Native ancestry.

9.The child(ren) listed above have lived in Colorado for a minimum of 182 days prior to the filing of this Petition

or since birth if under six months of age. Yes No If No, please state the name of child, name of person child lived with and the month, date and year when each child most recently moved to Colorado.

Full Name of Child

Name of Person Child Lived

with

State Moved Month Day Year

From

10.I/We understand that a request for genetic tests shall not prejudice the requesting party in matters concerning allocation of parental responsibilities pursuant to §14-10-124(1.5), C.R.S. If genetic tests are not obtained prior to a legal establishment of paternity and submitted into evidence prior to the entry of the final decree of dissolution or legal separation, the genetic tests may not be allowed into evidence at a later date.

11.Each party has a continuing duty to inform the Court of any proceeding in this or any other state that could affect the current proceeding.

12.I/We understand that the Court may review any case involving the children, Petitioner, Co-Petitioner/ Respondent and other parties named in this Petition that have been filed in any Court.

13.I/We have participated in the following proceeding(s) regarding the child(ren) as a party or a witness, or in any other capacity concerning the allocation of parental responsibilities including decision-making, child support and parenting time with the child(ren). Identify name of court, case number, state, date, and type of proceeding if any.

Name of Court

Case Number

State

Date of Proceeding

Type of Proceeding

JDF 1101 - Petition for Dissolution or Separation (Marriage)

R: January 18, 2022

Page 2 of 5

14.I/We know of the following proceeding(s) that could affect the current proceeding including, but not limited to proceedings relating to domestic violence or domestic abuse, enforcement of Court orders, protection/restraining orders, termination of parental rights, and adoptions. Identify name of court, case number, state, date, and type of proceeding if any.

Name of Court

Case Number

State Date of Proceeding

Type of Proceeding

15.The following people are not parties in this matter, but have physical custody of the child(ren) or claim rights of parental responsibilities, legal custody or physical custody, or visitation/parenting time with the child(ren). Identify name and address of those persons, if any.

Full Name of Person

Address (Street, City/State, Zip Code)

16.Required Notice of Human Services Involvement.

The parents or dependent child(ren) listed on this Petition has/have received within the last five years, or is/are currently receiving benefits or public assistance from the state Department of Human Services or the County

Department of Social Services. No Yes If your answer was Yes, complete the following:

Name of Person Receiving Benefit

Name of County and State

Case Number Month/Year

17.Required Notice of Prior Protection/Restraining Orders.

Have any Temporary or Permanent Protection/Restraining Orders to prevent domestic abuse or any Criminal Mandatory Protection/Restraining Orders (MRO) or Emergency Protection Orders been issued against either party within two years prior to the filing of this Petition?

No

Yes

If your answer was Yes, complete the following:

The Protection/Restraining Order was Temporary Permanent MRO and issued against

______________________________ in a Municipal Court County Court District Court in the County of

______________, State of ______________, in case number _______________ on ______________ (date).

What was the subject matter of the Protection/Restraining Order or Emergency Protection Order?

18.Notice of Existing Case with Child Support Enforcement (CSE)

The parents have filed a case with CSE? No Yes If Yes, identify the case number: _____________

JDF 1101 - Petition for Dissolution or Separation (Marriage)

R: January 18, 2022

Page 3 of 5

19.I/We ask that the Court enter orders regarding the status of the marriage, best interests of the child(ren), maintenance (spousal support) child support, division of property and debts, attorney fees and costs, if appropriate, restoration of the previous name of a party, and any other necessary orders.

20.The Petitioner Co-Petitioner requests that the Court restore his/her prior full name to

______________________________________.

Notice: Colorado Revised Statutes §14-10-107, provides that upon the filing of a Petition for Dissolution of Marriage or Legal Separation by the Petitioner and Co-Petitioner, or upon personal service of the Petition and Summons on the Respondent, or upon waiver and acceptance of service by the Respondent, an automatic temporary injunction shall be in effect against both parties until the Final Decree is entered, or the Petition is dismissed, or until further Order of the Court. Either party may apply to the Court for further temporary orders, an expanded automatic temporary injunction, or modification or revocation under §14-10-108, C.R.S. or any other appropriate statute.

1.Both parties are restrained from transferring, encumbering, concealing, or in any way disposing of, without the consent of the other party, or an Order of the Court, any marital property, except in the usual course of business or for the necessities of life. Each party is required to notify the other party of any proposed extraordinary expenditures and to account for all extraordinary expenditures made after the injunction is in effect; and

2.Both parties are enjoined from molesting or disturbing the peace of the other party or the minor child(ren); and

3.Both parties are restrained from removing the minor child(ren) of the parties, if any, from the state without the consent of the other party or an Order of the Court; and

4.Both parties are restrained, without at least 14 days advance notification and the written consent of the other party or an Order of the Court, from canceling, modifying, terminating, or allowing to lapse for nonpayment of premiums, any policy of health insurance, homeowner’s or renter’s insurance, or automobile insurance that provides coverage to either of the parties or the minor child(ren) or any policy of life insurance that names either of the parties or the minor child(ren) as a beneficiary.

Nothing in this automatic injunction shall prohibit either party from applying to the Court for further orders, an expanded automatic temporary injunction, or orders modifying or revoking this injunction.

Petitioner and Co-Petitioner, if any, acknowledge that he or she has received a copy of, has read, and understands the terms of the automatic temporary injunction set forth in this Petition and the Summons.

By checking this box, I am acknowledging I am filling in the blanks and not changing anything else on the form.

By checking this box, I am acknowledging that I have made a change to the original content of this form.

VERIFICATION

I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct.

Executed on the ______ day of ________________, _______, at ______________________________________

(date)

(month)

(year)

(city or other location, and state OR country

____________________________________

 

______________________________________

(Printed name of Petitioner)

 

 

Signature of Petitioner

JDF 1101 - Petition for Dissolution or Separation (Marriage)

R: January 18, 2022

Page 4 of 5

____________________________________

Attorney Signature ( if any)

I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct.

Executed on the ______ day of ________________, _______, at ______________________________________

(date)

(month)

(year)

(city or other location, and state OR country

____________________________________

 

______________________________________

(Printed name of Co-Petitioner)

 

Signature of Co-Petitioner

____________________________________

Attorney Signature ( if any)

JDF 1101 - Petition for Dissolution or Separation (Marriage)

R: January 18, 2022

Page 5 of 5
Get Jdf 1101 PDF Form

Form Characteristics

Fact Name Details
Governing Law The JDF 1101 form is governed by Colorado Revised Statutes § 14-10-106.
Purpose This form is used to petition for the dissolution of marriage or legal separation in Colorado.
Automatic Injunction Once filed, an automatic temporary injunction is in effect that prohibits transferring marital property without consent.
Residency Requirement The Petition requires that the child(ren) have lived in Colorado for at least 182 days prior to filing.
Child Information The form collects information about children, including their names and any relevant ancestry details under the ICWA.
Notification Duties Both parties have a continuing duty to inform the court of any related proceedings occurring in other jurisdictions.
Verification Both Petitioner and Co-Petitioner must sign the form verifying the information is true under penalty of perjury.

Guidelines on Utilizing Jdf 1101

Filling out the JDF 1101 form is the first step in initiating a legal process for dissolution of marriage or legal separation in Colorado. Completing this form accurately is crucial to ensure the court has the necessary information to proceed with your case. Follow these steps carefully to fill out the form correctly.

  1. Start with the Court Information: Write the County and Court Address at the top of the form.
  2. Provide the Parties Information: Indicate whether you are the Petitioner or Respondent, fill in your name and the name of the other party, and include details under "Filed by" and "Case Name" if applicable.
  3. Under Contact Information, fill in the Current Mailing Address, Phone, Fax, Email, Bar Number (if you are a lawyer), and any other relevant contact details.
  4. For the Petition Purpose, check the appropriate box for Dissolution or Legal Separation. If children are involved, be sure to indicate that.
  5. Fill in your Personal Information: Provide your Full Legal Name, Date of Birth, Length of Current Residency, and Current Mailing Address.
  6. Repeat the process for the Co-Petitioner/Respondent: Include their Full Name, Date of Birth, Length of Current Residency, and Current Mailing Address.
  7. Complete the Marriage Information: Enter the Date of Marriage and Place of Marriage.
  8. Provide details about the separation: Enter the Date the Parties Separated.
  9. Answer whether a party is expecting a child and list any children born or adopted during the marriage.
  10. Fill in the Child's Residency Information: Answer whether the child has lived in Colorado for a minimum of 182 days before filing. If not, include necessary details.
  11. Review and complete the sections concerning Genetic Tests, Prior Proceedings, and Children Involvement. Provide relevant case information where applicable.
  12. Complete the sections related to Human Services Involvement and any Protection/Restraining Orders issued against either party.
  13. Indicate if a case has been filed with Child Support Enforcement.
  14. State your requests regarding marriage status, child support, and other related issues in the Final Orders Section.
  15. If requesting a name restoration, check the appropriate box and provide the prior full name.
  16. Finally, review the Automatic Temporary Injunction Notice and acknowledge it by checking the provided boxes.
  17. Sign and date the verification section, ensuring correctness under penalty of perjury.

Once the form is completed, make copies for your records and for the other party. Then, you will need to file it with the appropriate court in Colorado to move forward with your case. Ensure to meet any filing deadlines and understand the next steps based on your specific situation.

What You Should Know About This Form

What is the purpose of the JDF 1101 form?

The JDF 1101 form is utilized in Colorado to initiate legal proceedings for the dissolution of marriage or legal separation. By filling out this form, a petitioner formally requests the court to recognize the end of a marriage or a legal separation. This form captures essential information regarding both parties, their children if applicable, and various legal claims they may wish to make as part of the dissolution or separation process.

Who should file the JDF 1101 form?

The JDF 1101 form should be filed by one spouse, referred to as the petitioner, seeking either a divorce or legal separation. If both spouses agree on the terms, they may file jointly, in which case the other spouse would be identified as the co-petitioner. It is essential that either spouse meets the residency requirements specified by Colorado law to ensure the court has jurisdiction over the case.

What information is required to complete the JDF 1101 form?

To complete the JDF 1101 form, several pieces of information are necessary. This includes the full legal names and contact details of both the petitioner and the co-petitioner (if applicable), the date and place of marriage, and the date of separation. Furthermore, if there are children involved, details regarding their names, dates of birth, and residency status in Colorado should be provided. The form may also require information related to any previous court orders, protective orders, or ongoing cases involving the children, among other details.

What are the implications of filing the JDF 1101 form?

Filing the JDF 1101 form triggers several legal consequences. An automatic temporary injunction is enacted upon filing, which restricts both parties from transferring or disposing of marital property without consent or court approval. Additionally, both parties are prohibited from disturbing each other's peace or removing children from the state without permission. It is also vital for the parties to understand that they each have a duty to notify the court of any related proceedings that could impact the case. Ignoring these implications may result in complications during the legal process.

Common mistakes

Filling out the JDF 1101 form correctly is crucial for ensuring a smooth legal process, especially when it comes to matters of dissolution or legal separation. Here are some common mistakes people often make when completing this form.

Firstly, failing to provide complete and accurate information is a frequent error. Incomplete sections can lead to delays or even the rejection of your petition. Each question should be answered fully, including names, dates, and addresses. Double-check information such as the date of marriage and residency period, as these details are essential for the court's review.

Another common misstep involves misunderstanding military status. If either party is in the military, it is mandatory to check the appropriate box. Not indicating the military status can impact rights and procedures significantly, particularly regarding service and jurisdiction.

People often overlook the requirement to disclose any children involved in the case. If children are part of the dissolution, the form mandates clear information. This includes not only names and dates of birth but also addresses and any applicable ancestry under the Indian Child Welfare Act. Attach additional sheets if needed to ensure all information is provided.

Some individuals mistakenly believe that filling in a single box for custody and living arrangements is sufficient. Instead, it’s important to detail any prior custody arrangements or related proceedings. These details allow the court to have a full understanding of the family dynamics at play.

Another frequent oversight is failing to declare existing or past protection orders. If applicable, you must complete the section regarding any protection or restraining orders, which can influence custody and visitation arrangements. Ignoring this can lead to serious legal complications.

Additionally, a significant error can occur in the verification section. Both parties must sign and date the form accurately. Incomplete signatures or incorrect dates can render the document invalid, causing unnecessary delays in the court’s proceedings.

Lastly, individuals sometimes forget to make copies of their completed forms. Keeping a copy for personal records is critical, as it provides a reference for both parties throughout the legal process. Failure to retain a copy can create confusion about what was submitted, leading to further misunderstandings or disputes.

By being mindful of these common mistakes, individuals can navigate the JDF 1101 form submission process more effectively, ensuring a more straightforward path through their legal challenges.

Documents used along the form

When filing the JDF 1101 form, several other forms and documents may also be necessary to support your case. These documents provide additional information that the court may require to make informed decisions regarding the dissolution or legal separation.

  • JDF 1350 - Indian Child Welfare Act (ICWA) Assessment Form: This form assesses whether a child involved in the case has any American Indian or Alaska Native ancestry. It is necessary if such ancestry is acknowledged in the JDF 1101.
  • JDF 1110 - Domestic Relations Case Information Sheet: This form collects basic information about the parties involved and details about the case. It helps the court track and manage domestic relations cases effectively.
  • JDF 1900 - Parenting Plan: If children are involved, this document outlines how parental responsibilities will be managed after the dissolution. It covers custody, visitation, and other important parenting details.
  • JDF 1330 - Motion for Temporary Orders: If immediate relief is needed, this form is used to request temporary orders regarding custody, support, or property during the proceedings.
  • JDF 1820 - Affidavit for Service by Publication: This document may be used if one party cannot be located. It allows the filing party to serve the other by publishing a notice in a newspaper.
  • JDF 1212 - Summons: This form officially notifies the other party of the legal action and the need for a response. It is often filed along with the JDF 1101.
  • JDF 1410 - Financial Affidavit: This form provides a detailed account of each party's financial situation. It can be crucial for decisions related to support and property division.
  • JDF 1150 - Certificate of Compliance: This document indicates that both parties have complied with court rules regarding disclosures and other requirements in the dissolution process.

These forms and documents work together to ensure that the court has all the necessary information to handle the case fairly and effectively. Having the right documentation can smooth the process during what can often be a challenging time.

Similar forms

  • JDF 1000 - Petition for Dissolution of Marriage (Without Children): This form is used when parties seek a divorce without children involved. It contains similar sections for personal details and marriage information but omits child-related questions.

  • JDF 1102 - Response to Petition for Dissolution of Marriage: This document allows the Respondent to answer the Petition filed by the Petitioner. Like JDF 1101, it requires information regarding the parties and the marriage.

  • JDF 1350 - Indian Child Welfare Act (ICWA) Assessment Form: This form is necessary when children are involved and there is knowledge of possible Native American ancestry. It supplements JDF 1101 by providing additional disclosures related to child heritage.

  • JDF 1110 - Parenting Plan: When children are part of a dissolution action, a Parenting Plan outlines custody and parenting time arrangements. It parallels the JDF 1101 in terms of addressing children's needs during the separation.

  • JDF 1300 - Child Support Worksheet: This form helps calculate child support obligations, which may need to be addressed in tandem with JDF 1101 when children are involved in the dissolution process.

  • JDF 1150 - Affidavit for Temporary Orders: This document is filed to request temporary orders related to spouse support or child custody while the divorce proceedings are ongoing, similar in intent to certain sections of JDF 1101.

  • JDF 1140 - Motion to Modify Parenting Time: While it is used post-divorce, it relates closely to the parenting aspects mentioned in JDF 1101, as both documents focus on child welfare and parental responsibilities.

  • JDF 1170 - Motion to Enforce Parenting Plan: This form allows parties to ensure compliance with court-ordered parenting arrangements, aligning with the focus on children present in JDF 1101.

  • JDF 3000 - Motion for Change of Venue: While not exclusively about divorce, this form requests a change in court location and shares similarities in procedural intent with the content and structure of JDF 1101.

  • JDF 2000 - Petition for Legal Separation: Like JDF 1101, this form deals with the legal separation process, capturing similar information but with distinct legal implications.

Dos and Don'ts

Filling out the JDF 1101 form can feel daunting, but keeping a few important points in mind can help ensure that the process goes smoothly. Here are four things to do and not do:

  • Do read through the entire form carefully before starting to fill it out. Understanding what’s required can save time and prevent errors.
  • Do provide accurate and complete information. Double-check names, dates, and addresses to avoid complications later.
  • Do seek help if you’re unsure about any section. Consulting with a legal professional can clarify any confusing parts.
  • Do keep a copy of everything you submit. Having your own records can be invaluable if you need to refer back to them.
  • Don't leave any sections blank unless specifically instructed to do so. Missing information can delay your case.
  • Don't use white-out or similar products to correct mistakes on the form. Instead, cross out errors neatly and write the correct information nearby.
  • Don't neglect to sign and date the form. A missing signature can lead to the rejection of your filing.
  • Don't make assumptions about what information is required. If a question seems irrelevant but is included on the form, it’s best to answer it.

Misconceptions

When it comes to the JDF 1101 form, which is used in Colorado for filing a petition for dissolution or legal separation, several misconceptions often arise. Understanding these can help ensure your filing process goes smoothly. Here is a list of common misconceptions:

  • 1. The form is only for divorce cases. Many people think that the JDF 1101 is exclusively for divorce. However, it can also be used for legal separation, which is a different legal status.
  • 2. Completing the form guarantees a quick resolution. Some believe that filing this form will lead to a swift decision by the court. The reality is that court proceedings can take time due to various factors, including caseloads and required hearings.
  • 3. Both parties must agree on everything for the form to be valid. It’s a common myth that complete mutual agreement is necessary. While it’s beneficial, you can still file if there are disagreements, though the process may be more complex.
  • 4. You don’t need to provide information about children. Many individuals think this form is just about the spouses. If children are involved, you must include their information, including custody and support arrangements.
  • 5. You cannot change your mind once the form is filed. It is a misconception that filing the JDF 1101 is irreversible. You can modify or withdraw your petition, but the process does require additional paperwork and possibly a court hearing.
  • 6. Only lawyers can file the JDF 1101. While many choose to work with legal counsel, individuals have the right to file the form themselves, representing their interests directly.
  • 7. You must be a resident of Colorado for years to file. Some believe that long-term residency is a must. However, you can file if you have lived in Colorado for at least 91 days before filing, unless you are filing for legal separation where residency rules may vary.
  • 8. The information provided is not confidential. It is a misconception that details filled in the JDF 1101 are publicly accessible. While some details may be public, sensitive information may be protected or sealed, depending on the circumstances of the case.
  • 9. The form cannot be filled out without a specific order of protection. Some individuals believe that having an order of protection is required before filing. This is not true; while it is relevant for cases involving domestic issues, it is not a prerequisite for using the form.

Understanding these misconceptions can help dispel some concerns and make the process of filing the JDF 1101 smoother. Always consider seeking help from a legal professional for personalized guidance tailored to your situation.

Key takeaways

Filling out and utilizing the JDF 1101 form is a crucial step in the dissolution or legal separation process in Colorado. Awareness of key points can significantly impact the experience.

  • Accurate Information is Essential: Ensure that all personal details are correct and complete. This includes names, addresses, and dates related to the marriage and children. Inaccuracies can lead to delays or complications in the court proceedings.
  • Consider Important Attachments: If children are involved, be prepared to provide additional information about them. This may include names and addresses, as well as details regarding any related legal proceedings.
  • Understand the Automatic Temporary Injunction: Upon filing the petition, an automatic temporary injunction will restrict certain actions regarding marital assets and children. Familiarize yourself with these restrictions to ensure compliance.
  • Verification is a Legal Requirement: Remember to sign and date the form accurately. The verification section confirms that the information provided is truthful and can have legal implications if false statements are made.

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