§4.1.2 Text of Rule

JurisdictionWashington

§4.1.2 TEXT OF RULE

RULE 4.1 PROCESS - DOMESTIC RELATIONS ACTIONS

(a) Summons - General. Actions 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. Upon written demand by the respondent, the petitioner shall pay the filing fee and file the summons and petition within 14 days after service of the demand or the service shall be void. No summons is necessary if both spouses sign a joint petition or if the respondent files a written joinder in the proceeding.

(b) Summons - Content, Form.

(1) Content. The summons shall contain the title of the action, the name of the county and the court in which the action is brought, the names of the parties, as petitioner and respondent, a direction to the respondent to serve a copy of his or her response on the person who has signed the summons, the time limit within which the copy of the response must be served, notice that failure to serve a copy of the response within the stated time may result in a judgment by default, the signature and address of the petitioner or petitioner's attorney, and the date.

(2) Form. The summons for personal service in the state in an action for dissolution of marriage shall be substantially in the form below. The summons for personal service in the state in any other action authorized by RCW 26.09 should be adapted from this form. The summons for personal service out of state should be adapted from this form and must include the modifications required by statute. See RCW 4.28.180.

SUPERIOR COURT OF WASHINGTON
FOR [____________] COUNTY

In the Matter of the )

Marriage of )

)

_________________________, )

No. _________

Petitioner, )

)

SUMMONS FOR DISSOLUTION

and )

OF MARRIAGE

________________________, )

Respondent. )

TO THE RESPONDENT: The petitioner has started an action in the above court requesting that your marriage be dissolved. Additional requests, if any, are stated in the petition, a copy of which is attached to this summons.

You must respond to this summons and petition by serving a copy of your written response on the person signing this summons. If you do not serve your written response within 20 days after the date this summons was served on you, exclusive of the day of service, the court may enter an order of default...

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