Divorce is never an easy thing to go through. Even when both parties agree to the marriage’s dissolution, there are often still many issues to iron out. All this begins with the serving of the divorce documents to one of the spouses. Understandably, there are many questions surrounding this first step. One common concern in Colorado includes people serving the documents themselves. Can you serve your own divorce papers or do you need someone to do it on your behalf?
Can you serve them yourself?
In every state, you are not allowed to serve your own divorce documents to your spouse. This means that you must have a third-party individual who has nothing to do with the divorce present them to your husband or wife. Refusal to follow this process can lead to your case being dismissed by a judge.
Who is allowed to serve divorce papers?
The person serving the papers must not have any stake in the divorce, but who exactly qualifies? The “process server,” as such a person is widely known, may be a relative, friend, county sheriff or professional process server. The only other requirement is that the person must be 18 years or older to serve divorce documents.
What if an agreement has already been reached?
There are many cases where both parties have agreed that the dissolution of their marriage is in their best interest. Even if agreements have been reached, you must still follow the law and have someone else present your divorce papers. In this case, you may speak with your spouse about when and how the papers will be served.
As you may tell from the above information, divorce can be a tricky process to maneuver through. This is why you may want to have an attorney at your side to avoid making any legal mistakes along the way.