Unless you file jointly, your spouse must be formally served. Service (or a joint filing) starts the 91-day clock and the response deadline, and it triggers the Automatic Temporary Injunction.

If you don't file as co-petitioners, Colorado requires that your spouse be officially served with the Petition and a Summons so they have legal notice. Common methods are a private process server, the county sheriff, or (easiest when both sides cooperate) having your spouse sign a waiver of service. The server must be at least 18 and not a party to the case.

Service matters because it starts several clocks at once: the mandatory 91-day waiting period, your spouse's deadline to respond (21 days if served in Colorado, 35 days if out of state), deadline for financial disclosures (42 days from date of service), and the Automatic Temporary Injunction, which immediately binds both spouses (see that row). If your spouse cooperates, a signed waiver gets you the same legal effect without the cost or drama of tracking them down. If they truly can't be located after a documented search, the court can allow alternative service, though that can limit certain financial orders.

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Colorado

Colorado, USA