Initiating a divorce can be a complex process, and one of the first steps is legally notifying your spouse that the divorce proceedings have begun. This legal notification is known as “service of process.” Properly serving the other party ensures they are made aware of the divorce and have an opportunity to respond. Here’s a detailed guide on how to serve the other party in a divorce case, covering common methods and best practices.
Why Service of Process Is Important
The concept of “service of process” is rooted in fairness. The law requires that anyone involved in a lawsuit be properly informed. In divorce cases, this is critical because it protects both parties’ legal rights. Serving your spouse ensures they receive a copy of the divorce petition and are given a chance to present their side.
Failure to serve your spouse properly can lead to delays, your case being dismissed (and you having to start over), or issues with the final decree. Therefore, understanding how to serve the other party correctly is essential for a smooth divorce process.
Common Methods of Serving Divorce Papers
If you and your spouse are getting along, both of you can sign the Petition. If your spouse signs the Petition as well, they are considered a “Co-Petitioner” and do not need to be served.
If your spouse is not aware that the divorce is being filed, Colorado requires him or her to be personally served with the Petition, Summons, and Case Information Sheet. This can be done by the sheriff’s office or a private process server. This is the most common and reliable method. Here’s how it works:
– You give the documents to be served to the sheriff’s office or process server. Each sheriff’s office has a Civil Unit. If you search online for “Civil Process” or Civil Unit” and the county in which you live, you should find the right office.
– – A sheriff or licensed process server delivers the divorce papers directly to your spouse.
– The server then completes an “Affidavit of Service” as proof that the papers were delivered.
– You then need to file the Affidavit of Service with the Court.
2. Service by Certified Mail or Registered Mail
If your spouse is avoiding service or you do not know where your spouse lives or works, you can file a motion with the Court asking to serve in via certified mail or publication. You can find a copy of the Motion here.
If service via publication is allowed, you will need to publish a notice in a newspaper in the county in which you live.
You will need to file the certified mail receipt or proof that the notice was published in the newspaper with the Court.
3. Waiver of Service
This is a voluntary method where your spouse agrees to receive the documents without formal delivery: You can read more about what it means to waiver service at this blog post.
– You provide your spouse with the divorce papers, along with an “Waiver of Service” form.
– Your spouse signs the form, acknowledging that they have received the documents, and you file it with the court.
What Happens After Service?
Once the other party is served, they have 21 days to respond if they live in Colorado, or 35 days if they live out of state. . If they don’t respond, you may be able to proceed with a default divorce, which means the court could grant the divorce based on your terms.
If your spouse does respond, the divorce moves forward, and negotiations, mediations, or court hearings will be scheduled to resolve any disputes.
Tips for Successfully Serving Your Spouse
1. Know Your Local Rules: Each jurisdiction has unique requirements, so check the rules of the court where you filed your divorce.
2. Document Every Attempt: If you have trouble serving your spouse, keep detailed records of each attempt. This will be important if you need to request permission for alternative methods.
3. Seek Professional Help When Necessary: If you’re unsure how to proceed, consult a family law attorney. They can guide you on the best way to serve your spouse, especially if your case involves complications like an uncooperative spouse or safety concerns.
Final Thoughts
Serving the other party in a divorce case may seem daunting, but it’s a vital step in the legal process. By choosing the appropriate method and adhering to your local rules, you ensure that your case proceeds fairly and efficiently. If you encounter obstacles, remember that help is available—legal professionals, process servers, and even the court can offer guidance on the best way to proceed.
Are you feeling overwhelmed by all of the paperwork and steps to complete your divorce? I can help!