Starting Your Divorce with Service of Process in Washington State

Filing for divorce is often an emotional and stressful process, but one of the first legal steps in starting a divorce case in Washington is completing the service of process. According to Washington Court Rule 4, service of process ensures that the other spouse is formally notified about the divorce case, giving them an opportunity to respond. Without proper service, your divorce case cannot move forward, and the mandatory 90-day waiting period before finalizing the divorce will not begin.

What Is Service of Process?

Service of process is the legal procedure of delivering court documents to the other party in a case, ensuring they are aware of the legal action. In a divorce, this usually means serving the Summons and Petition for Dissolution of Marriage on your spouse, and in some counties along with the Domestic Case Schedule and a Temporary Financial Restraining Order.

Here are some common methods of completing service in a Washington divorce:

1. Hiring a Professional Process Server
   The most reliable method of service is to hire a professional process server. Process servers are trained to follow legal requirements and can ensure the documents are served correctly. Once service is complete, the process server will provide a declaration of service, which must be filed with the court to prove that service was carried out properly.
   
   
2. Having a Friend or Family Member Serve the Papers
   Washington law also allows a neutral third party over the age of 18—such as a friend or family member—to serve the documents. The person serving the papers cannot be you, but they can deliver the documents to your spouse. Like a process server, the person who serves the papers will need to complete a Proof of Service or declaration, which must be filed with the court.
   
   
3. Acceptance of Service
   In some cases, your spouse or their attorney may agree to sign an Acceptance of Service. This is a written document where your spouse acknowledges receipt of the divorce papers without needing a third party to physically deliver them. Once signed, this document must also be filed with the court, and it counts as completing service.
   
   
4. Alternative Methods of Service: Publication or Mail
   If you are unable to serve your spouse personally, Washington law allows for alternative methods, such as service by publication or by mail. These options require court approval and are generally used when the spouse cannot be located or is evading service. These methods are more complicated, but they can be vital in certain situations.

Why Service of Process Matters

A common mistake in divorce cases is assuming the case has begun once you file the petition. However, Washington law requires that the other spouse be served before the case is officially underway. The 90-day waiting period for finalizing a divorce does not start until service of process is completed and the case is filed. If there is any delay in serving the papers, it will directly delay the overall timeline of your divorce.

Filing Proof of Service with the Court

After service has been completed, it is critical to file the appropriate declaration or proof of service with the court. This document is essential because it proves that the service of process was done in accordance with the law. Without this filing, your case cannot proceed, and the court may dismiss the case if service is not completed in a timely manner.

At Magnuson Lowell, P.S., we understand that starting a divorce is a significant step, and we’re here to guide you through the process. If you need help with service of process or any other aspect of your divorce, contact our experienced family law attorneys today for a free telephone case evaluation 425-800-0582

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