Notificación alternativa en casos de divorcio o custodia

If you cannot find the other person to serve them with court papers, you may be able to use alternative service. This guide explains what that means and how to do it.

What do I have to try first?

You must first try to personally serve the other person with the court paperwork. You must show the court that you made reasonable efforts to find the other person. Reasonable efforts include:

Try personal service at their last known home or work address.
Call, email, or message them.
Check social media and public records.
Ask friends or family if they know where the person is.

Tip:
Keep records of how you have tried to find the other person. You will need to tell the Court about what you did.

What is alternative service?

Alternative service is a court-approved way for delivering legal papers when personal service isn’t possible. In Colorado divorce or custody cases, it’s used when you’ve made reasonable efforts to serve the other person but it hasn’t worked.

There are three types of alternative service in divorce or custody cases:

Publication
- You must publish a notice in a newspaper once a week for five (5) weeks.
- You must contact the newspaper and arrange for publication.
- You must pay the newspaper to publish your notice.
Certified mail
- The Court Clerk will send the paperwork to the other person at their last known address via certified mail.
- You have to pay for the mailing costs.
Consolidated notice
- The Court Clerk publishes a notice on the court’s website and in the newspaper.
- You have to pay for publishing costs.

What is the difference between the types of alternative service?

Certified mail and consolidated notice are usually easier to complete because the Court Clerk will organize the mailing or publication.

But if your case involves real estate in Colorado — like a shared home — you must use publication. Publication gives the court the power to make orders about property in Colorado. Without it, the court cannot divide your home or other real estate.

How do I ask for alternative service?

If you can’t serve the other party in person, follow these steps to ask for alternative service:

Step 1: Try to locate the other party

Try to personally serve them at their last known address.
Call, email, or message them.
Check social media and public records.
Ask friends or family if they know where the person is.

Step 2: If you can’t find the other person (or they are avoiding service), file a motion with the court

Fill out JDF 1301 and choose the type of alternative service you are asking for.
Explain in detail what steps you took to find the person. The court will deny your motion if they find you have not made enough effort to find and personally serve the other person.
Sign the motion in the presence of a notary.
Fill out the top box (called the caption) of JDF 1302. Do not fill out the rest of the form.
File JDF 1301 and JDF 1302 with the court along with any paperwork that shows your attempts to find the other person.

Step 3: Wait for the court’s decision

If approved, follow the court’s instructions for publishing the notice.

What should a published notice include?

If you choose service by publication, you need to contact a local newspaper and ask that they publish a copy of your summons in the paper once a week for five (5) consecutive weeks. Most papers have a legal department you can contact.

After the publication is completed, the newspaper will provide proof of publication. You must file this with the court.

If you chose service by certified mail or consolidated notice, the court clerk will make the arrangements and file proof of alternative service in your case.

What happens after alternative service?

Once alternative service has been completed and proof has been filed with the court, the case can then move forward, even if the other person doesn’t respond or participate.

Important!
If the other party is served by alternative service, the court can’t order child support or spousal support.

Remember

Alternative service is a last resort. The court will not approve it unless you have truly tried to find the other person. If done correctly, it allows your case to move forward. But the court's power to order child support and maintenance will be limited.

Need more help?

If you are low-income, a senior, or a veteran, you may qualify for free legal help from Colorado Legal Services (CLS). To apply or ask if you might qualify, go to the CLS website and find the office that serves your area. If you call or visit, CLS can help you in your native language.

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.