I’ve Been Served With Divorce Papers in Colorado, What Now?
Being served divorce papers is the beginning of the divorce process. Getting served does not mean the court has made any decisions. Service ensures that you know about the legal divorce case. It also informs you that you now have deadlines to meet as part of the ongoing case and instructs you on the next steps.
At Plog & Stein, P.C., we have spent decades guiding Colorado clients through divorce and family law matters. Our attorneys focus exclusively on family law, helping people in the Denver metro area understand their rights, prepare effective strategies, and protect their financial and parental interests. We know both the stress and the stakes of divorce, and we work to provide clear answers and strong representation from start to finish.
What Does Being Served Divorce Papers Mean?
When someone serves you divorce papers, it means your spouse has formally filed a Petition for Divorce or Legal Separation, which initiates the official divorce process. A process server, typically hired by your spouse, delivers these papers. The documents usually include:
- Summons—tells the respondent they have been sued for divorce, explains their deadline to respond, and establishes the automatic temporary injunction;
- Petition for Dissolution of Marriage or Legal Separation—lays out basic information about the marriage and what the filing spouse is asking the court to decide;
- Case Information Sheet—provides identifying information about both parties and any children; and
- Court orders or notices issued at filing—such as a notice of the initial status conference, a case management order, or parenting class instructions if children are involved.
Colorado law requires service of process to ensure that the spouse who did not file knows about the case. It also gives the Colorado courts legal authority over you, allowing them to make orders resolving the issues in your divorce case.
Immediate Effects of Being Served Divorce Papers
After one spouse serves the other spouse with divorce papers, Colorado law automatically places both under an injunction—an automatic court order that restricts the spouses from taking certain actions. Specifically, once you receive divorce papers, neither spouse may:
- Remove children from the state without written permission or a court order;
- Hide, transfer, or sell marital assets;
- Change insurance coverage, including health, life, or property insurance; or
- Harass, threaten, or physically confront the other spouse.
Courts treat violations of this injunction seriously. If you believe your spouse is not following the rules, raise the issue with your attorney quickly so you can take appropriate legal steps.
What Is a Response?
A Response to the Petition states whether you agree with or dispute the information in your spouse’s petition and explains what you want. You might include:
- Corrections or additions to basic details such as names, addresses, and the date of marriage;
- Responses to your spouse’s requested relief, such as property division, parental responsibilities, or spousal maintenance; and
- Your requests for relief, including specific parenting arrangements or how you want to divide property.
By filing a response, you present your side of the case and ensure the court considers your position. Without a response, the court may rely primarily on your spouse’s petition when issuing orders, which may disadvantage you.
How Long After Being Served Divorce Papers Do You Have to Respond?
If someone serves you in Colorado, you have 21 days to submit the legal filing called the Response to the Petition to the court. If someone serves you outside of Colorado, you have 35 days to respond.
Failing to file a response within the deadline may limit your ability to ask the court for what you want with respect to issues like custody, financial support, or property division. Courts may allow late responses if you have a good reason for failing to file on time.
Waiving Formal Service of Divorce Papers
In some cases, the spouse who receives divorce papers may choose to waive formal service, meaning they agree to accept the documents voluntarily rather than requiring the sheriff or a process server to deliver them. Waiving service can save time, reduce costs, and lower the level of conflict at the start of the case.
To waive service in Colorado, the respondent signs a Waiver and Acceptance of Service form, which states that:
- The respondent has received the Petition and Summons,
- They understand that the divorce case has been filed, and
- They accept the court’s authority over the case.
The spouses file the signed waiver with the court, creating the same legal effect as formal service. If you complete the waiver process, you must still follow the same response deadline of 21 or 35 days.
Waiving service does not mean giving up the right to respond or contest the divorce. It only acknowledges receipt of the papers and allows the case to proceed without extra procedural steps.
Do You Have to Sign Divorce Papers?
Many people ask, if I am served divorce papers, do I have to sign them? The answer is no. You do not need to sign the divorce petition itself.
However, you may need to sign a document acknowledging that someone properly served the papers on you. Refusing to sign a document acknowledging service can lead to issues with the court.
Other Deadlines After Getting Served Divorce Papers
Getting served with divorce papers also means you may encounter additional deadlines related to:
- Financial disclosures—require both parties to exchange complete and transparent information about income, expenses, assets, and debts;
- Status conferences—informal court check-ins to monitor progress;
- Temporary orders hearings—short-term rulings on custody, support, or property; and
- Mediation requirements—court-ordered attendance at mediation to resolve divorce issues.
If you share minor children, Colorado courts often order parents to complete approved parenting classes early during the case.
Taking the Next Step With a Colorado Divorce Lawyer
The deadline to respond after being served with divorce papers is approximately three weeks, making prompt action essential. With decades of experience focused on family law, we represent clients across the Denver metro area, including Arapahoe, Jefferson, Douglas, and surrounding counties.
If you have received divorce papers, act now. Contact us today to learn how an experienced attorney from Plog & Stein, P.C. can explain your rights, track your deadlines, prepare you for negotiations or trial, and give you peace of mind during an uncertain time.
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