Serving Divorce or Custody Papers

If you file a divorce or custody case, you need to make sure someone “serves” or gives a copy of the court papers to the other person. Colorado law has exact rules for this. If you skip these rules, the court may not let your case move forward. This guide will help you understand how personal service works, who can do it, and what to do if the other person avoids service.

What is personal service?

Personal service means officially giving the right court papers directly to the other party in a court case. It’s:

• The first step you have to take after filing your divorce or custody case
• To make sure both sides in a case know what’s going on
• Only required at the start of the divorce or custody case. Afterward, you still have to send the other party copies of anything you file, but through a simplified process called regular service.

Is personal service always required?

No, the other party can agree to accept the court papers without being formally served and sign a waiver of service. You still have to give them all the right court papers, and you have to file the signed waiver of service before your case can move forward.

What is a waiver of service?

JDF 1013: A Waiver of Service is a legal document the other party signs confirming they’ve received the court papers and agreeing not to be formally served. This can save time and money and help the case move forward more smoothly.

When is a waiver of service appropriate?

• The other party is cooperative and willing to participate in the case
• You have given them a copy of all the court papers you filed
• They agree to sign the waiver voluntarily

What does signing a waiver of service mean?

• The person signing the waiver is confirming they have received a copy of the petition and summons
• They are agreeing to not be officially served
• Signing the waiver does not mean they agree with the claims in the court papers—just that they’ve received the court papers

What are the rules of personal service?

In many situations, your relationship with the other party may be strained, and personal service may be more appropriate. Here is how personal works:

• It has to be done in person. If you cannot find the person, there are other options below You cannot serve the papers yourself
• Any adult (18 or older) who is not involved in the case can serve the papers
• After personal service, you have to file “proof of service” with the court

Who can serve the papers?

• A sheriff
• A private process server
• Any adult (18 or older) who is not involved in the case

Who can't serve the papers?

• You
• If someone else is involved in the case, they cannot serve the papers
• Children

How do I choose who serves the papers?

It is up to you how you want to have the court papers served. Each way has pros and cons.

Sheriff

• Pros:
  • Good option if you have safety concerns with personal service
  • They know the technical rules of personal service
  • They will write the form you need to file with the court to prove personal service 
• Cons:
  • Can be very slow
  • Can raise tensions if the other person is embarrassed or intimated by personal service through the sheriff 
  • Costs a fee

Private process server

• Pros:
  • Usually pretty fast
  • Familiar with the technical rules of personal service
  • They can help find and serve people who are avoiding personal service
  • They will write the form you need to file with the court to prove personal service
• Cons:
  • Costs a fee
  • The more work it takes to serve someone, the more it can cost 

Adult not involved in the case

• Pros:
  • Usually free
  • May be able to recognize the person to be served
• Cons:
  • May not know the technical rules of personal service - if improperly served, it can delay your case. 
  • You will need to get the form to prove personal service for your friend or family member to fill out. This form may be confusing to fill out. 

What needs to be served?

You must serve a copy of all the “initial documents” for your case. The “initial documents” may vary depending on your case. To know for sure, ask the court clerk which documents you need to serve.  

For divorce, it will include a copy of:

• Petition for Dissolution of Marriage
• Summons
• Case Information Sheet

For custody, it will include a copy of:   

• Petition for Allocation of Parental Responsibilities
• Summons
• Case Information Sheet

After personal service, am I finished?

No. You must file a form confirming the other party was served according to the rules.

Here’s how it works. Once the papers are served, the person who delivered them must complete a legal form called JDF 1014: Return of Service for a sheriff or JDF 98: Affidavit of Service for a third-party adult or process server.

• The Return or Affidavit of Service proves that the papers were delivered.
• The Return or Affidavit of Service must be filed with the court. It is your responsibility to file it with the court.
• Without the Return or Affidavit of Service, the court may not move forward with your case.

What if I can’t find the other person?

If you have truly tried your hardest but you cannot locate the other party, you may ask the court for permission to use a different method of service. See Alternative Service in Divorce and Custody Cases.

Serving papers correctly is essential to starting your case. If you skip steps or make mistakes, your case could be delayed or dismissed. Follow the rules, keep records, and ask the court clerk or a lawyer if you’re unsure.

Need more help?

You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.