(1) Pursuant to the provisions of this section, at any time after the entry of a decree of dissolution or legal separation, a party to the action may request restoration of a prior full name.
(2) The requesting party must file a verified motion and affidavit under the same case number in the district court in which the decree of dissolution or legal separation was entered. The requesting party's motion and affidavit must include:
(a) The caption and case number for the action in which the decree of dissolution or legal separation was entered; and
(b) The requesting party's sworn statement that the restoration of a prior full name is not detrimental to any person.
(3) The court shall enter an order restoring the requesting party's name if the court determines that:
(a) The court entered a decree of dissolution or legal separation in an action concerning the requesting party; and
(b) The request to restore a prior full name is not detrimental to any person.
(4) The order restoring a prior full name of the party does not affect any party's rights or obligations pursuant to the decree of dissolution or legal separation entered in the action.
Source: L. 2016: Entire section added, (HB 16-1085), ch. 55, p. 133, � 1, effective September 1.
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:
(a) There are no minor children of the husband and wife and the wife is not pregnant or the husband and wife are both represented by counsel or by a licensed legal paraprofessional and have entered into a separation agreement that provides for the allocation of parental responsibilities concerning the children of the marriage and setting out the amount of child support to be provided by the husband or wife or both; and
(b) The adverse party is served in the manner provided by the Colorado rules of civil procedure; and
(c) There is no genuine issue as to any material fact; and
(d) There is no marital property to be divided or the parties have entered into an agreement for the division of their marital property.
(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 the affidavit does not shorten any statutory waiting period required for entry of a decree of dissolution or decree of legal separation.
(3) The court shall not be bound to enter a decree upon the affidavits of either or both parties, but the court may, upon its own motion, require that a formal hearing be held to determine any or all issues presented by the pleadings.
Source: L. 82: Entire section added, p. 303, � 1, effective May 22. L. 98: (1)(a) amended, p. 1399, � 45, effective February 1, 1999. L. 2012: IP(1) and (2) amended, (HB 12-1233), ch. 52, p. 187, � 2, effective July 1. L. 2024: (1)(a) amended, (HB 24-1291), ch. 131, p. 470, � 16, effective August 7.