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Filing Divorce when your spouses location is unknown.

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SqueakyVette

Junior Member
My husband and I have been separated for a year and half, I have asked him several times for his address however he will not provide it to me. I want to file divorce and have done several searches on the internet as to what my options are for filing with a spouses location unknown, however I have come up empty within the state of Colorado. Any help would be greatly appreciated in response to this. Thank You.
 


garrula lingua

Senior Member
Check Colorado's Rules of Civil Procedure 4(g):(g) Other Service. Except as otherwise provided by law, service by mail or publication shall be allowed only in actions affecting specific property or status or other proceedings in rem. When service is by publication, the complaint need not be published with the summons. The party desiring service of process by mail or publication under this section (g) shall file a motion verified by the oath of such party or of someone in the party's behalf for an order of service by mail or publication. It shall state the facts authorizing such service, and shall show the efforts, if any, that have been made to obtain personal service and shall give the address, or last known address, of each person to be served or shall state that the address and last known address are unknown. The court, if satisfied that due diligence has been used to obtain personal service or that efforts to obtain the same would have been to no avail, shall:

(1) Order the party to send by registered or certified mail a copy of the process addressed to such person at such address, requesting a return receipt signed by the addressee only. Such service shall be complete on the date of the filing of proof thereof, together with such return receipt attached thereto signed by such addressee, or

(2) Order publication of the process in a newspaper published in the county in which the action is pending. Such publication shall be made once each week for five successive weeks. Within fifteen days after the order the party shall mail a copy of the process to each person whose address or last known address has been stated in the motion and file proof thereof. Service shall be complete on the day of the last publication. If no newspaper is published in the county, the court shall designate one in some adjoining county.

You really need an attorney to assist with this. You have to provide an affidavit, showing you exhausted all means of locating him, and you must strictly follow procedures.
 

SqueakyVette

Junior Member
Thank You

So in other words I pretty much need to send certified letters too all locations I think he may be at and then if no reply is given to follow up with publication?
 

mistoffolees

Senior Member
So in other words I pretty much need to send certified letters too all locations I think he may be at and then if no reply is given to follow up with publication?
That's not what it says - and that's why you need an attorney to help.

First, it says that service by publication is only allowed in certain types of matters. Have you researched to see if it's even allowed in the case you are working on?

Second, it says that you must practice due diligence. Do you know that sending certified letters to known addresses is sufficient?

Get an attorney - it will be easier (and possibly cheaper) in the long run.
 

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