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How is Your Spouse Notified of the Divorce Filing?

Under Colorado law, legal notice of the divorce petition must be provided to your spouse.


Joint Filing

If you and your spouse are filing an uncontested Petition for Dissolution of Marriage or Legal Separation jointly, your spouse should be legally aware of the divorce process and does not need to be served.


In Person

Any person other than you may serve the divorce papers in person, so long as that person is over 18 years of age, a resident of Colorado, and NOT listed in any of the court documents.

This means you could recruit the assistance of a friend, hire a professional process server, or utilize the county sheriff.


Publication

If you are unable to reach your spouse, you may be able to achieve service by publishing a notice of divorce, but this option requires the permission of the Court.


Return of Service

Once the divorce papers have been served, the process server must sign and notarize a Return of Service, which will be filed with the Court.


Once the other party is served, the court will schedule an Initial Status Conference (ISC) that both parties MUST attend, which will identify disputed issues, and if you and your spouse cannot come to an agreement, you will proceed to trial.


Book Your Consultation

Our knowledgeable attorneys are available to discuss your case today - call our office at 719-633-4541 to schedule your complimentary initial consultation, or book online.

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McKinney & Associates proudly represents Colorado Springs, El Paso County, Monument, Pueblo, Woodland Park, & Teller County

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