NOTE:  This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 12-1233
      
      
      BY REPRESENTATIVE(S) Labuda, Barker, Casso, Gardner B., Pabon,
      Fischer, Kagan, Kerr A., Ryden, Schafer S., Solano, Todd, Vigil, Wilson;
      also SENATOR(S) Carroll, Giron, Guzman, Nicholson.
      
      
      Concerning the ability of a court to enter a decree of legal
           separation in certain circumstances without the appearance
           of the parties. 
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 14-10-106, amend (1)
      (a) introductory portion and (1) (b) as follows:
      
           14-10-106.  Dissolution of marriage - legal separation. (1) (a)  The
      district court shall enter a decree of dissolution of marriage or a decree of
      legal separation when:
      
           (b)  In connection with every decree of dissolution of marriage or
      decree of legal separation and to the extent of its jurisdiction to do so,
      the court shall consider, approve, or allocate parental responsibilities with
      respect to any child of the marriage, the support of any child of the marriage
      who is entitled to support, the maintenance of either spouse, and the
      disposition of property; but the entry of a decree with respect to parental
      responsibilities, support, maintenance, or disposition of property may be
      deferred by the court until a time subsequent to after the entry of the
      decree of dissolution of marriage or the decree of legal separation
      upon a finding that such a deferral is necessary in the best interests of the
      parties.
      
           SECTION 2.  In Colorado Revised Statutes, 14-10-120.3, amend
      (1) introductory portion and (2) as follows:
      
           14-10-120.3.  Dissolution of marriage or legal separation upon
      affidavit - requirements. (1)  Final orders in a proceeding for dissolution
      of marriage or legal separation may be entered upon the affidavit of
      either or both parties when:
      
           (2)  If one party desires to submit the matter for entry of final orders
      upon an affidavit, the submitting party shall file his or her affidavit setting
      forth sworn testimony showing the court's jurisdiction and factual
      averments supporting the relief requested in the proceeding together with
      a copy of the proposed decree, a copy of any separation agreement proposed
      for adoption by the court, and any other supporting evidence. The filing of
      such the affidavit shall not be deemed to does not shorten any statutory
      waiting period required for entry of a decree of dissolution or decree of
      legal separation.
      
           SECTION 3.  Effective date - applicability. This act takes effect
      July 1, 2012, and applies to petitions for legal separation filed on or after
      said date.
      
           SECTION 4.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO