Legal Question in Family Law in Colorado

Re: Out to sea

You'll need to get the summons and petition together and have him sign a waiver of service. There is a waiver provision on the court approved summons for active military. Go to: www.courts.state.co.us

Go to self help and domestic forms and find the Summons for Dissolution of Marriage to see the waiver I'm referring to - it is in check the box format on the form.

Anyway, if you're doing it yourself you'll need to send him the summons with the petition asking him to waive - sounds like he's willing to do that.

Best of luck.

Re: Out to sea

Depending on your situation, it's possible that you may not get far in your case if your husband decides that he wants relief under the Soldiers and Sailors act, meaning that he can ask that the case be put on hold until he returns.

If your husband is cooperative, though, and if you can send him mail, you might see if he would be willing to sign a waiver of personal service (although it would have to be notarized), and then you wouldn't need to have him personally served.

If you do have to have him personally served, you should consider contacting the local JAG Navy office to see what information they can give you.

Hope this helps!

Christine C. Nierenz, Esq.