How do I serve my spouse with a divorce summons?
- Arrange for your spouse to receive copies of the summons and the petition as soon as possible after filing. There are restrictions on how to and who can serve the respondent. In response to your petition, your spouse can file a response to petition, file a counter petition, or choose not to respond at all.
What does a divorce summons contain?
The Summons is the official court paper that tells the other spouse that a divorce case has been started and that some action must be taken if the other spouse wants to be heard by the court. It also tells the spouse that there is a time limit in which to act.
What does it mean to serve someone divorce papers?
Unless you have a special Service Order, you must serve on your spouse: Your Application for Divorce and any other sealed document, such as an Application in a Case or affidavit. The Acknowledgement of Service (Divorce)for your spouse to sign and return to you (if possible).
What happens after divorce papers are served in Washington State?
After you file with the court your motion and order allowing judgment by default, Washington law provides that you wait a minimum of 90 days after your spouse was served to finalize your dissolution. Once the 90 days has expired you may apply for a general judgment of dissolution of marriage.
How long do you have to serve a summons in Washington state?
If there was no service on the defendant before the filing of the complaint, the defendant must be served within 90 days from the date of filing the complaint. If there was no filing before service, the plaintiff must file the summons and complaint within 90 days from the date of service.
How do I respond to a summons for divorce?
How do I answer the complaint?
- Read the summons and make sure you know the date you must answer by.
- Read the complaint carefully.
- Write your answer.
- Sign and date the answer.
- Make copies for the plaintiff and yourself.
- Mail a copy to the plaintiff.
- File your answer with the court by the date on the summons.
Does a divorce summons expire?
If a divorce summons is not served within 12 months of the date of its issue or, having been served, the plaintiff has not, within 12 months after the date of such service, taken further steps to proceed, the summons will lapse.
What happens if no Acknowledgement of service?
If the respondent has not returned the acknowledgement of service to the court within 14 days of it being posted to them, and you reasonably believe that they are still living at that address, you may be able to ask the court bailiff to serve them personally.
What does getting served mean?
What Does It Mean To Be Served? Being served with process means that the due process and statutory requirements for giving notice to a defendant about a legal action have been met. Personal service is literally handing the papers personally to the defendant.
Do sheriffs serve divorce papers?
No, the sheriff does not have to serve divorce papers in every case. The sheriff is only one of the ways that you may serve your spouse with the divorce papers.
What happens when served with divorce papers?
Once you are served with divorce papers, you have two options. You can ignore the filing, in which case your divorce will proceed by default. This means the court will likely grant whatever request your spouse makes regarding the division of property and debt, child custody, child support, and alimony.
What happens after divorce papers are signed?
When you have signed the decree and the judge stamps his or her approval on it, your divorce becomes final. The divorce decree will contain the details of the judge’s decisions based on the testimony and evidence you and your spouse presented in court.
What happens after 60 days of filing for divorce?
A court cannot grant a divorce until 60 days after the suit for divorce was filed and until 20 days after the respondent was properly served. This means a court may grant a divorce on day 61 after a divorce is filed but in reality that rarely happens. This is called a default or no-answer divorce.
How do you legally serve someone in Washington state?
In order to serve process in the state of Washington, an individual is required to register with the auditor of the county in which the process server resides or operates his or her principal place of business and pay a $10 fee.
How do you prove you were not served properly?
If you have been served, make a note of the date, time and circumstances of the service. Sometimes the process server simply leaves the documents at the front door or in the mail box. If so, you were not properly served and the 30-day deadline to respond has not started.
Who can serve divorce papers in Washington state?
In Washington, you personally serve papers by having someone 18 or older and of sound mind deliver them to the recipient. The person effecting service cannot be you. It doesn’t need to be a professional process server though. For example, a friend can do it.