Petition, Summons, and Response in Coloado

Summary:  The petition is the initial document which begins the legal process. It must served on the other party with a summons unless a waiver of service is signed. An automatic injunction must be included in the petition. The other party should file a response, particularly to request certain items of relief from the court.

The Petition and Summons

A petition is the first document (along with a case information sheet) which is filed with the court. It begins the legal process. The only legal requirements are that at least one of the parties has been domiciled (resided) in Colorado at least 90 days prior to the filing of the petition, and the marriage is irretrievably broken. Since there are specific requirements as to the information to be included, it is advisable to use Form JDF 1101.

Unless the other party filed a waiver of service (which is preferable), the petition must be served on the other party by a sheriff or process server. A summons must be included with the petition if it is served on the other party.

If the documents are served, then an affidavit of service should also be filed with the court.

The Response

The other party has 20 days to file a response. The response generally corrects any incorrect information in the petition and also may request specific items of relief from the court. If no response is filed, the court could enter orders in a default proceeding. Although this is unlikely. However, some judges now do not allow a party to put on evidence in a hearing unless a response is filed.

CRS §14-10-107 requires that a notice be included in the petition and summons regarding an immediate injunction which prevents both parties from changing the existing status of the relationship. See Chapter 18 below for specific information.

The petitioner is also responsible for scheduling the initial status conference with the court. See Chapter 19 below.