§14.04 Commencement of Proceedings; Summons and Petition

• Jurisdiction: Washington

§ 14.04 COMMENCEMENT OF PROCEEDINGS; SUMMONS AND PETITION

CR 4.1(a) provides that "[a]ctions authorized by RCW 26.09 shall be commenced by filing a petition or by service of a copy of a summons together with a copy of the petition on respondent as provided in rule 4." RCW 26.09.010(4) denominates the initial pleadings in an action for dissolution of marriage, legal separation, or declaration concerning the validity of marriage as a "petition."

In addition to filing the petition, the respondent shall be served with a copy of the summons substantially in the form set out by CR 4.1(a). CR 4(b) sets forth all that must be included in the summons (the cause of action, venue, etc.). CR 4(c) states who may serve the summons (any person competent to testify who is not a party to the action). CR 4(d) and (e) set forth service requirements either by reference to the relevant statutes or by restating them (in generally much clearer syntax).

If both parties join in the action, there is no need for filing a summons or for service of process or filing of a response. See In re Marriage of Wherley, 34 Wn. App. 344, 661 P.2d 155, review denied, 100 Wn.2d 1013 (1983).

If service occurs without filing, the petitioner, upon written demand of the respondent, must file the petition within 14 days of such demand or the service will be deemed void. CR 4.1(a).

[1] Contents of Pleadings

The required allegations in petitions for dissolution, legal separation, or declaration of invalidity are as follows:

1. the last known state and county of residence of each party;
2. the date and place of marriage or, for domestic partnerships, the date and place of residence when the domestic partnership was registered;
3. if the parties are separated, the date on which the separation occurred;
4. the names and ages of any child dependent upon either or both spouses or domestic partners and whether the wife or domestic partner is pregnant;
5. any arrangements as to the residential schedule of, decision making for, dispute resolution for, and support of the children and the maintenance of a spouse or domestic partner;
6. a statement specifying whether there is community or separate property owned by the parties to be disposed of;
7. if the county has established a program under RCW 26.12.260, a statement affirming that the moving party met and conferred with the program prior to filing the petition;
8. the relief sought; and
9. the certificate under RCW 43.70.150 on the form provided by the Department of Health and the confidential information form under RCW 26.23.050.

RCW 26.09.020.

Note: The form of petitions, like many other family law forms, is the subject of the mandatory form requirement adopted by the legislature in 1990 pursuant to RCW 26.18.220. These Washington pattern forms (mandatory domestic relations forms), approved by the Administrative Office of the Courts, are available at WASHINGTON COURTS, COURT FORMS, LIST OF ALL FORMS, https://www.courts.wa.gov/forms/?fa=forms.static&staticID=14.

If there are minor children, it is also necessary to include certain information regarding their custodial history. This may be done in the petition itself or by a separate certificate. The information required is found in RCW 26.27.281, the Uniform Child Custody Jurisdiction and Enforcement Act.

Practice Tip: Many practitioners file initial dissolution pleadings that ask for a reasonable division of property and debts and a reasonable amount of child support. This generalized form of pleading is not appropriate when relief is sought by default. The adverse party is entitled to notice of the specific relief sought, and it is not proper to attempt to enter a default decree with specific provisions when the initial petition did not seek such relief. See In re Marriage of Leslie, 112 Wn.2d 612, 772 P.2d 1013 (1989).
However, with regard to child support, when the petition asks for child support to be entered in accordance with the Washington State Child Support Schedule, you don't have to ask for a specific amount under notice pleading.

A petition for dissolution of marriage must also allege that the "marriage is irretrievably broken." RCW 26.09.030. A petition to have a marriage declared invalid must state the grounds for invalidity, which are found in RCW 26.09.040(4). There are no additional allegations required in a petition for legal separation.

CR 11 requires that all petitions under Chapter 26.09 RCW must be verified by the petitioning party(s). "[S]he [Mrs. Wherley] not only signed the petition, she verified it as well. In doing so she represented to the court the correctness and accuracy of its contents." In re Marriage of Wherley, 34 Wn. App. 344, 348, 661 P.2d 155, review denied, 100 Wn.2d 1013 (1983).

Practice Tip: Sample verification language:
I, __________ certify under penalty of perjury under the laws of the state of Washington that I have read the foregoing Petition for Dissolution of

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