Denver, CO asked in Divorce and Family Law for Colorado

Q: How do I divorce a Mexican citizen. We were married in Colorado. I don’t know where he lives now

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2 Lawyer Answers
Sabra M. Janko
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Colorado Springs, CO
  • Licensed in Colorado

A: You have to make diligent efforts to find him, i.e. friends, family, social media. If you can't find him, you could file a motion for substituted service to provide notice through publication in a newspaper. The court would not be able to handle support matters or divide out of state property through service by publication though.

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Parker, CO
  • Licensed in Colorado

A: You should contact an attorney.

In a normal litigation scenario which includes divorce, you would file a complaint with the court and personally serve that complaint and a summons on the Defendant. Rule 4 of CRPC talks about personal service. You do not necessarily need to serve the documents on the Defendant themselves. There are several exceptions that constitute personal service.

If they cannot be personally served, then you may be able to file a motion for another form of service such as service by publication. But service rules are tricky. Each person is entitled to due process of law including notice. As such, you do need to thread the needle with care. Many service companies can run what is called a skip trace. That can sometimes yield results. If the person is out of the country, you may need to review any treaties and rules associated with that country as well since they can come into play.

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