service

[lildevil719]

I live in Colorado, my husband lives in California. The marriage took place in Colorado, but he is military, so he can file elsewhere. He called me last night and told me that he is going to file for divorce. My question is, when he has me served with the papers, do I have to be served by an officer of the court? He told me that he is going to mail the papers to his Mother, who lives in the same town as I do, and have her serve me. Is that legal? I thought you had to be served by either an officer of the court or an officer of the law. Thank you in advance for any help you can give me!
Melissa

 

[Ambr]

http://www.leg.state.co.us/inetcrs.nsf/caff08b8a0e34035872565e8006d65f8/5f0abf867f2c2de287256657007754c5?OpenDocument

i looked all through the domestic section and was unable to locate anything. the link above details hearing - notice - service.

it details by personal service or through certified mail. i was at the understanding that it did not have to be a law enforcement official or official of the court - it could be ANY party without an interest in the case, as long as they were of the age of 18. that's where the service companies come in at - people do nothing but that for a living.

i don't know if the courts would see his mother as an interested party. why not call the local sheriff's department and ask who can serve you?

 

[lildevil719]

Thank you for answering so quickly! I'm going to call the sherrif's dep't as soon as I get done with this. Also, can anybody tell me which forum to use to ask a question about my baby's last name? I'm due at the end of May. The baby is not my husband's and I don't want my baby to have his last name, cause I'm afraid he would try and take her away from me(he is abusive)We've been separated for almost a year now, but neither one of us has had the money to file, which is why it hasn't been done yet. I would like for her to have her biological father's name, rather than my husband's and need to find out if that is legal or not...any ideas?

 

[Ambr]

is the bio-dad still in a relationship with you? will he willingly sign the BC?

you can give the child any name you want. your maiden name. the bio-dads name. or your married name. that decision is yours.

 

[LegalBeagle]

Generally, any 3rd party can serve you. He just needs to have proof that you were served.

 

[lildevil719]

service(and baby's name)

I would like to thank everyone for their help! I called the Sherriff's office and they told me that it had to be someone with no interest in the case, which meant no family members.so, at least I don't have to deal with the M-I-L, right? anyways, thanks to everyone for all your advice and suggestions!
Melissa