After you have filed the required paperwork with the court to begin the process, and you have chosen to proceed with a divorce, the next step is to serve your spouse with a copy of the divorce papers.
This is an integral step because serving divorce papers in Colorado formally notifies your spouse that a divorce has been filed at the courthouse. It also advises them of the upcoming legal action, and allows them the opportunity to respond to the filing. The papers tell your spouse what you are asking for, and let them know how much time they have to respond.
In Colorado, divorce papers are served primarily by hand or by personal service. A professional process server can be hired to serve the papers, or you can select a family member 18 years of age or older to do it. It is important to remember, however, that you cannot be the one to serve divorce papers to your spouse.
If you opt to hire a professional process server, that individual is required to fill out a form containing all the relevant details of the event. Date and time when the papers were served and the location where the papers were served must be included. This form must then be filed with the court to provide proof that your spouse received the papers.
Your spouse is required to sign for the papers. Therefore, the professional must continue to attempt to make contact with him or her until they can meet face to face.
Sometimes, it is possible for another person to be served your spouse’s papers. The recipient must be of suitable age and discretion, and must be occupying the same residence as the person being served. The judge will require proof that the person served does indeed live with the spouse.
Your spouse may be served with divorce papers anywhere they can be located, including their home, any public place, or their place of work. It is important to remember, however, that a co-worker or receptionist cannot accept the papers for your spouse.
If you are unable to locate your spouse by any other means, you may be able to serve him or her through a publication. For this method to be legal, you must publish the petition in a newspaper for a specified length of time. You must also provide the court with a copy of the publication, and a statement of how long it ran. Special permission from the court is required for this method.
If you are a grandparent and concerned about obtaining custody of your grandchildren, it is important that you speak to one of our experienced Boulder child custody lawyers immediately. You have options. Contact the Boulder child custody attorneys at Goff & Goff, LLC today for a free initial consultation.