Marriages end for many different reasons. Just as every long-term relationship is unique, the path to divorce varies considerably from couple to couple. While some spouses both agree that ending the marriage is the best option for each person to begin the next chapter of their lives, others may disagree that filing for divorce is even on the table. When one spouse wishes to end the marriage against the wishes of the other, this discrepancy can become a frustrating and challenging point of contention for both parties. The spouse who is moving forward with the divorce can still file the paperwork, but the other spouse may refuse to participate in the divorce process or even disengage entirely. As a “no-fault” divorce state, Washington allows either party to file for divorce at any time and without having to cite a specific reason for taking this step, other than stating that the marriage is irretrievably broken. This means that the divorce process can move forward, even if the other party is opposed to ending the marriage. 

Pursuing a divorce without spouse participation can be a daunting endeavor, especially if the other party is refusing to cooperate or respond in any way. The family court procedure in Washington state gives the respondent (the spouse who does not file for divorce) a specified window of time in which to respond to the filing and participate in the process. When this limit expires, the court will enter an order of default, which means that the non-responsive spouse loses their right to participate in the case or even make their own arguments. Whether you are struggling with an unresponsive spouse or you are worried about meeting these deadlines to ensure that you don’t lose your right to participate in the divorce, it’s worth enlisting the guidance of a highly experienced and compassionate Seattle divorce attorney to protect your best interests and support you at every step of the divorce process. Let’s take a look at default divorce in Washington state and how you and your supportive Seattle family law attorney can navigate this process with greater understanding and ease.

Understanding the Washington Uncontested Divorce Process

When someone wants to end their marriage in Washington state, they may file for divorce without having to cite specific reasons for doing so. As long as they state that the marriage is irreconcilable or irretrievably broken, the court will allow the divorce to move forward. When both spouses agree to the terms of the divorce, they can proceed with what’s known as an uncontested divorce. This means that the parties may file jointly for divorce by completing all the required forms. Next, it’s important to recognize that Washington state imposes a mandatory waiting period of 90 days before the court will finalize the divorce. Once this waiting period ends, the court will finalize the divorce agreement and the parties can move forward into their new, independent futures. If you are moving through an uncontested divorce in the greater Seattle area, it’s essential to familiarize yourself with all filing deadlines to ensure that the process moves forward as smoothly and efficiently as possible. Even unintentional oversights can trigger complications that may delay the process and create other frustrating consequences. 

What If My Spouse Doesn’t Want to Get a Divorce?

Situations where one spouse wants a divorce against the other’s wishes can be particularly challenging and stressful for both parties to navigate. If you are the spouse who wants to stay married, it’s natural to feel powerless and desperate to keep your relationship going. However, the reality is that you both have the right to legally end the marriage, even if the other party does not agree. While you may be tempted to “get back” at your spouse for hurting you by refusing to participate in the divorce process, this tactic typically backfires and can end up affecting you in the long run. For instance, a spouse who ignored divorce papers in Washington state can find themselves denied the opportunity to make their case before the court or have a say in the proceedings. Contested divorces tend to involve strong emotions and can be draining to navigate, but it’s important to participate in the process to preserve your legal rights and protect your best interests at every opportunity. With a highly qualified and caring Seattle divorce lawyer by your side, you can rely on this dedicated advocate to support you from start to finish. 

The Consequences of Ignoring Divorce Papers in Washington State

If a spouse files for divorce against the other spouse’s wishes, the petitioner will have the petition and summons served to the other spouse (called the respondent). The respondent then has a set period of time in which to respond to the petition and summons, which is typically 20 days when served in person in Washington state. If the respondent does not meet the response deadline, the court can sign an order that says the respondent is in default. Essentially, this means that the respondent no longer has the right to participate in the divorce case—which means they cannot appear in court to make arguments or advocate for themselves. Once a default order is in place, the petitioner can finalize their case and ask the judge to sign the final orders to finalize the divorce. As a respondent who fails to participate in the divorce process, you risk your financial future and your ability to negotiate a more equitable divorce settlement. Those who miss these critical response deadlines often feel powerless when they find they are no longer able to participate in the divorce process, so it’s worth seeking the guidance of a trusted and compassionate Seattle divorce attorney to maximize your chances of securing a fair and favorable outcome.

The Role of Default Judgments in Washington Family Court

According to the Northwest Justice Project, “A default is when a judge says someone has failed to respond to a court case by the deadline. After a judge finds someone in default, that person cannot participate in the case. The judge can sign final orders and hold hearings without notice to the defaulted person.” In other words, the Washington family court can find an unresponsive spouse in default and finalize the divorce without that person’s input. As the spouse who is moving forward with the divorce, it can be extremely frustrating when the other party fails to respond or participate in the legal process. If you are thinking about seeking a default order from the court, it’s helpful to recognize that the judge will usually honor this request if the following are all true:

• You filed the necessary documents to initiate the divorce process (i.e., the summons and petition)
• You had your spouse served with copies of these documents (in person, via process service, or certified mail)
• The respondent (your spouse) failed to file a response by the legal deadline

If you are ready to move forward with filing a motion for default with the court, it can be helpful to review your options with a knowledgeable and caring Seattle family law and divorce attorney so that you can proceed with greater understanding and confidence. 

Navigating Property Division, Custody, and Support Without a Responsive Spouse

When you prepare your initial divorce petition, this document will specify the terms of the divorce. These include your plans for dividing up property, real estate, bank accounts, and other assets in a way that the court would deem equitable (which does not automatically mean an even fifty-fifty split). If you have children, you can also specify the terms of the parenting plan (i.e., custodial and visitation arrangements), as well as child support considerations. In contested divorces, it can be challenging to put together these terms with a spouse who does not agree to certain terms or objects to the entire concept of getting a divorce. As the petitioner, you and your attorney can establish the terms and have them served to your spouse (the respondent). It’s up to them to file a response and participate in the divorce proceedings, where they can push back against some of the terms until you and the court arrive at a fair settlement. However, when your spouse fails to file a response before the deadline, you have the right to seek a default and ask the judge to sign the final orders (as long as the terms are the same as those included in your petition). 

How a Skilled and Caring Seattle Divorce Attorney Can Help to Protect Your Rights

The divorce process is stressful enough without struggling with an unresponsive spouse who is delaying the proceedings. With a caring and trusted Seattle family law and divorce attorney by your side, you can rest assured that your best interests will be safeguarded at every step of the divorce process. To learn more about your divorce options in Washington state, reach out to the highly experienced and caring Seattle family law attorneys at the Hemmat Law Group for the customized and effective guidance and support you need during this challenging time. Please get in touch with our Seattle, Washington office today by calling (206) 682-5200 so we can help you move forward with greater certainty and confidence.