How to Serve Divorce Papers in Colorado

If you filed for divorce on your own — not jointly with your spouse — Colorado requires you to formally deliver the petition, summons, and case information sheet to your spouse through a legally recognized method. You cannot hand the documents to them yourself. This step, called service of process, is what starts the court's jurisdiction clock and triggers the mandatory 91-day waiting period before your divorce can be finalized.

Here are the three legal methods, when to use each, and the deadlines that follow.

Method 1: Voluntary Waiver (JDF 1013)

The simplest and cheapest option. You give your spouse the divorce paperwork along with Form JDF 1013 (Waiver and Acceptance of Service). They sign it in front of a notary public or court clerk, and you file the signed form with the court.

This works when your spouse is cooperative and willing to acknowledge receipt of the documents. There is no cost beyond a standard notary fee (typically $5-$15 per signature in Colorado).

The 91-day waiting period begins on the date your spouse signs the waiver.

Method 2: Personal Service

If your spouse will not sign a voluntary waiver, you need personal service. A sheriff's deputy, licensed private process server, or any disinterested adult over 18 who is not a party to the case must physically hand-deliver the documents to your spouse.

The server then completes and signs Form JDF 1014 (Return of Service) under penalty of perjury. You file the signed return with the court.

Costs vary by method:

• County sheriff: typically $40-$65, depending on the county
• Private process server: $50-$100 on average

You must complete service within 63 days of filing your petition. If you miss this deadline, you may need to request an extension from the court.

Method 3: Service by Publication

When your spouse's whereabouts are genuinely unknown — not just hard to reach, but actually unfindable after a diligent search — you can ask the court for permission to serve by publication.

The process:

1. File Form JDF 1301 (Motion for Alternative Service) with a detailed description of every effort you made to locate your spouse (checked last known address, searched public records, contacted relatives)
2. File Form JDF 1302 (Proposed Order About Alternate Service)
3. If the court grants the motion, publish the summons in a local newspaper once per week for five consecutive weeks
4. Mail a copy of the summons to your spouse's last known address within 14 days of the court order

Service is complete on the date of the last publication.

There is a significant limitation: service by publication only gives the court in rem jurisdiction. The court can dissolve the marriage and divide property physically located in Colorado, but it cannot order spousal maintenance, child support, or divide out-of-state assets unless your spouse voluntarily appears.

Response Deadlines After Service

Once your spouse is served, they have a fixed window to file Form JDF 1015 (Response to the Petition) and pay the $146 response fee:

• 21 days if served inside Colorado
• 35 days if served outside Colorado or by publication

If your spouse does not respond within that window, you can file for a default divorce — the court can proceed without their participation.

What You Must Include in the Service Packet

The documents that must be served together:

• JDF 1011 (Petition for Dissolution of Marriage)
• JDF 1012 (Summons) — signed and sealed by the court clerk
• JDF 1000 (Case Information Sheet)
• The court's Case Management Order (CMO)

Missing any of these can invalidate the service, forcing you to start over.

When Service Is Not Required

If both spouses sign the petition together as Co-Petitioners, no formal service is needed. The 91-day waiting period begins on the date the joint petition is filed with the court. This is one of the practical advantages of a joint filing — it eliminates the cost, logistics, and delay of arranging service.

For a complete walkthrough of every step in the Colorado divorce process — from filing through finalization — the Colorado Divorce Filing Process Guide maps the full timeline and tracks every deadline.

See more Colorado guides →