Service of Process

A note before we begin: This guide is for informational purposes only and is not legal advice.

Your Situation

You've filed — or you're about to file — for divorce in Colorado, and now you need to formally notify your spouse that the case exists. This step is called "service of process." It isn't a formality you can skip. Until your spouse has been properly served (or has voluntarily accepted the papers), the court doesn't have the authority it needs over them to move your case forward. In fact, the clock on Colorado's mandatory waiting period doesn't even start running until the court has jurisdiction over your spouse — either through proper service, through them joining as a co-petitioner, or through them otherwise appearing in the case.

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Proper service is the gate your entire case has to pass through — the court cannot act on your petition until it has proof that your spouse was notified the right way.

This guide will walk you through the three ways you can serve your spouse in Colorado, what each one lets the court actually decide, and what to do if you can't find your spouse at all.

What the Law Requires

Colorado law requires that, once a divorce proceeding is started, the other party be personally served in the manner set out in the state's rules of civil procedure — and they may then file a response. If you filed jointly with your spouse, you skip service entirely. If you didn't file jointly, you must formally notify your spouse using one of three methods:

• Waiver of Service — your spouse voluntarily signs a waiver confirming they received the papers. Signing a waiver is not an admission of anything; it simply confirms they got the summons and petition.
• Personal Service — a qualified third party hand-delivers the papers to your spouse.
• Service by Publication — a last resort, used only when you genuinely cannot locate your spouse.

A few hard rules you need to know:

• You cannot serve the papers yourself. The person who serves them must be at least 18 years old and must not be a party to the case. Service by a party to the action is invalid.
• Whoever serves the papers must complete and sign a Return of Service form under penalty of perjury, recording the county, state, exact date, time, and location of service. This is the court's proof that service happened.
• If your spouse refuses to accept the papers, that refusal gets documented — and the court can treat a knowing refusal as valid notice.
• Before a judgment can be entered, the record has to show the summons was properly mailed to your spouse where the law requires it. Missing that step can be grounds to set aside a judgment later.

Service by publication carries real limits you must understand. When your spouse is served only by publication, the court's power over them is restricted: it cannot make orders dividing property, awarding attorney's fees, or setting spousal or child support. Colorado case law is also clear that publication service is not enough to give a court authority to decide custody — custody determinations require a more direct form of personal jurisdiction over the other parent. And because publication service is so limited, it must be done truthfully and in strict compliance with every requirement; fraud in publication service can void a divorce decree entirely.

One encouraging point: if you qualify for publication but can't afford the cost, the court can cover the publication expense from appropriated funds for a party who is indigent or otherwise unable to pay.

What Courts Typically Do

In practice, courts strongly prefer the cleanest, most direct forms of service, in roughly this order of ease: a signed waiver, then personal service, and publication only as a genuine last resort. Courts will not approve publication until you show you actually tried to find and personally serve your spouse.

A qualified process server in Colorado is one of three people: the county Sheriff's Department (for a fee), a professional private process server (for a fee), or any other adult over 18 who is not involved in the case — including a friend, as long as they're over 18 and have no connection to the matter. Courts expect the Return of Service form to be filled out completely; incomplete information about where, when, and how service happened can create disputes about whether valid service even occurred, and that delays your case.

If you're a survivor of domestic violence, sexual assault, or stalking, courts and sheriff's offices will typically waive the Sheriff's Department service fee — ask the Sheriff's Department in the county where your spouse lives.

Step by Step: What to Do

1. Decide whether your spouse will cooperate. If they're willing, the simplest path is a Waiver of Service — give them the petition, summons, and a blank waiver, and have them sign and date it. Some courts have the waiver signed in front of a notary.

2. If they won't cooperate, arrange personal service. Choose a process server — the Sheriff's Department, a private process server, or any non-involved adult over 18. Give them the full starting packet: the petition, summons, case information sheet, and a blank Return of Service form, plus your spouse's address (and, for the sheriff, often a recent photo).

3. Let the server do the delivery and complete the Return of Service. The server records exactly how, where, and when service happened, signs under penalty of perjury, and returns the completed form to you. If your spouse refuses the papers, the server documents that refusal — service can still be valid.

4. File the proof with the court. File the signed waiver or the completed Return of Service with the clerk — by mail, in person, or by e-file where available. Your case cannot proceed until this proof is on record.

5. If you can't locate your spouse, document every attempt first. Try their last known home and work addresses, run internet searches, and contact friends, family, or coworkers. Keep records of everything, including any mail returned from their last known address.

6. Only then request alternate service (publication). You'll ask the court for permission by filing a verified motion showing your diligent efforts. If approved, service options include newspaper publication (a notice run weekly for five consecutive weeks), certified mail handled by the clerk, or a consolidated notice on the court's website and in a newspaper — in each case at your expense unless the court waives the cost for inability to pay.

7. Finish the publication paperwork. After publication, obtain the affidavit of publication from the newspaper and file it with the clerk. Your spouse then has 35 days from the publication date to respond before the court may enter a default judgment.

You don't need to hunt down blank forms or figure out which version applies to your case type — the guided wizard on this site will interview you about your situation and prepare and pre-fill the correct service paperwork, including the right Return of Service form, for you.

What Research Shows Can Help

The items available for this guide focus on the legal procedures and court practices around service of process. They don't include social science research findings specific to service of process, so there's nothing reliable to report here. For research-based guidance on co-parenting and children's outcomes, look to the sections of this site that address parenting arrangements directly.

What to Do Today

• Decide which service method fits your situation — waiver if your spouse will cooperate, personal service if not, and publication only if you truly can't find them.
• Gather your spouse's current address and, if you'll use the sheriff, a recent photo, so your server has what they need.
• If you'll use publication later, start a written log of your attempts to locate your spouse today — addresses tried, searches run, people contacted, and any returned mail.
• If you're a survivor of domestic violence, sexual assault, or stalking, call the Sheriff's Department in your spouse's county to ask about a service fee waiver.
• Start the guided wizard so your service paperwork is prepared correctly from the beginning.

Related Issues to Be Aware Of

• Filing and court forms — Service only matters once a valid case is on file, and your petition has to include specific details and jurisdictional facts (like the 91-day Colorado residency requirement). Getting your filing done correctly sets up clean service afterward, and if there's a protection order in the picture, that must be disclosed when you file.

• Default divorce — If your spouse is served (including by publication) and doesn't respond, the court may enter a default judgment. But be careful: Colorado courts have held that a spouse who shows up — for example, at the initial status conference — can't be defaulted just for failing to file a written response, and the court can't enter contested permanent orders against a non-defaulting party without consent.

• Temporary orders — Remember that publication service limits what the court can order against your spouse, including support. If you need interim arrangements for support, property, or parenting while the case is pending, temporary orders are the tool — but the court's ability to grant some of them depends on the kind of service and jurisdiction you've established.