Colorado Springs, CO asked in Divorce for Colorado

Q: Can a server walk past me, and place divorce papers on my windshield without talking to me, or trying to hand them to me

The person serving the documents was the cousin of my wife. She was with him. No one mentioned what the papers were. Does this qualify as proper service?

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1 Lawyer Answer
Stephen J. Plog
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Answered
  • Tampa, FL
  • Licensed in Colorado

A: Technically, the person should have handed you papers. If they tried and you refused, putting them on your windshield would have been fine. If they made no effort to do so, you could argue the service was invalid. If they file an affidavit of service with the court indicating you were served, the duty will be on you to challenge that. Additionally, if you are wanting the divorce, too, there may not really be a reason to challenge the service, unless there is more to the picture than is set forth in your question.

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