District Court Lake County, Colorado
505 Harrison Ave.
Leadville, CO 80461
In re the Marriage of:
Petitioner: BERTHA RECENDEZ
Co-Petitioner/Respondent: ALEJANDRO RECENDEZ
COURT USE ONLY
Lindsey Parlin – Attorney No. 42602
PARLIN LAW PC
Attorneys and Counselors at Law
Post Office Box 1977
Leadville, Colorado 80461
SUMMONS FOR: DISSOLUTON OF MARRIAGE
To the Respondent named above, this Summons serves as a notice to appear in this case.
If you were served in the State of Colorado, you must file your Response with the clerk of this Court within 21 days after this Summons is served on you to participate in this action.
If you were served outside of the State of Colorado or you were served by publication, you must file your Response with the clerk of this Court within 35 days after this Summons is served on you to participate in this action.
Your response must be accompanied by the $116.00 filing fee.
After 91 days from the date of service or publication, the Court may enter a Decree affecting your marital status, distribution of property and debts, issues involving children such as child support, allocation of parental responsibilities (decision-making and parenting time), maintenance (spousal support), attorney fees, and costs to the extent the Court has jurisdiction.
If you fail to file a Response in this case, any or all of the matters above, or any related matters which come before this Court, may be decided without further notice to you.
This is an action to obtain a Decree of: Dissolution of Marriage or Legal Separation as more fully described in the attached Petition, and if you have children, for orders regarding the children of the marriage.
Notice: §14-10-107, C.R.S. 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 temporary injunction, or modification or revocation under §14-10-108, C.R.S.
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.
Automatic Temporary Injunction – By Order of Colorado Law, You and Your Spouse are:
1. 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 to the Court for all extraordinary expenditures made after the injunction is in effect;
2. Enjoined from molesting or disturbing the peace of the other party;
3. Restrained from removing the minor children of the parties, if any, from the State without the consent of the other party or an Order of the Court; and
4. 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 children or any policy of life insurance that names either of the parties or the minor children as a beneficiary.
/s/ Lindsey Parlin
Signature of the Attorney for the Petitioner
Published in the Herald Democrat Aug. 15, 22 and 29 and Sept. 5 and 12, 2019.