Can You Divorce a Spouse Who Refuses to Cooperate in Washington State?

Marriages end for any number of reasons. Sometimes, both spouses slowly drift away from one another and decide that filing for divorce is their best option for moving forward into new chapters of their lives. In other cases, one spouse may want to end the marriage against the wishes of the other party. While all divorces can be overwhelming at times, instances where one party is refusing to cooperate or even consent to the divorce can be especially challenging and stressful. For instance, if your spouse is refusing to sign the divorce papers or failing to respond to your attempts to work through the divorce process, it can be frustrating and disheartening—not to mention confusing. However, it’s important to recognize that Washington is a no-fault divorce state, which means that either spouse may file for divorce at any time without citing a specific reason for taking this action. Essentially, no-fault divorce aims to give both spouses the authority to have a say in the course of their future. Someone who feels trapped in an unhappy marriage can seek a divorce without having to go through a burdensome legal process where they must provide evidence of wrongdoing in order to end the marriage. 

If you are starting to explore your divorce options in King County or Pierce County, the dedicated and caring team at the Hemmat Law Group is ready to support you along the way. Having a highly qualified and knowledgeable Seattle divorce lawyer by your side can give you the encouragement you need to move through every step of the process with greater clarity and confidence. We are prepared to assist you with any challenges that may arise, such as a missing or unresponsive spouse who is refusing to cooperate with the divorce process. This post will explore the challenges of divorce involving an abandoned spouse or unresponsive party in Washington State and the steps you and your attorney can take to legally end the marriage as smoothly and efficiently as possible.

Understanding No-Fault Divorce in Washington State

By now, every state recognizes no-fault divorce proceedings. In order for the court to grant you a divorce, all you need to state in the divorce filing is that the marriage is irretrievably broken. This is a vague term that allows the petitioner to avoid proving fault or citing specific reasons for wishing to end the marriage. When someone files a divorce petition in Washington state, the other party may join the petition or respond to it by acknowledging that the marriage is irretrievably broken. In these instances, the court will move forward with this request and grant the dissolution. However, RCW 26.09.030 states, “If the other party denies that the marriage or domestic partnership is irretrievably broken the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the petition and the prospect for reconciliation” and either “make a finding that the marriage or domestic partnership is irretrievably broken and enter a decree of dissolution of the marriage or domestic partnership” or “transfer the cause to the family court, refer them to another counseling service of their choice, and request a report back from the counselling service within sixty days.” In other words, there are clear procedures in place for parties and the court to follow when seeking a divorce, whether one or both parties are agreeing to the proposed dissolution of marriage. 

Navigating Divorce Without Spouse Consent in Washington State

So, what happens if your spouse will not sign the divorce papers? This is not an unheard of scenario, even if you feel alone in your struggle during this challenging time. First, it’s important to recognize that it’s possible to obtain a divorce without your spouse’s signature. As long as you have followed the procedures for serving your spouse with the divorce petition and summons, your spouse’s failure to respond within the given time period allows you to ask the court for a default judgment. A default judgment basically means that the judge will grant the divorce and establish the terms of the divorce decree without the input or involvement of your unresponsive spouse. In order to pursue a default judgment, you can work with your Seattle divorce attorney to complete and file a Motion for Default. Once the court receives this paperwork, a hearing date will be set and you will need to notify your spouse about this request for a default judgment if your spouse made an appearance in your divorce case or over one year has passed since you served your spouse with the divorce petition and summons without their response. Moving through the King or Pierce County divorce process with an uncooperative spouse can be particularly frustrating and confusing, so enlisting the guidance of a trusted and experienced Seattle divorce lawyer is highly encouraged to support you through this difficult time. 

Steps to Take When Your Spouse Avoids Being Served With Divorce Papers

Another source of considerable frustration when dealing with an uncooperative spouse is when they deliberately avoid being served with the divorce petition and summons. Whether your spouse is hiding in another state or even overseas, it’s still possible to move through the divorce process without their presence or response. The experienced legal team at the Hemmat Law Group has several specialized tools that we can use to help locate your missing and avoidant spouse so that they can be served with the necessary legal paperwork. If needed, we can work with the court to permit service by mail to your spouse’s last known address or service by publication in a journal of general circulation that will suffice in notifying your spouse of your intention to obtain a divorce. From there, your spouse’s failure to respond or participate in the divorce proceedings can be used to support your Motion for Default. As soon as you find that your spouse is refusing to cooperate or give their consent to your request for divorce, it’s worth reaching out to a highly skilled and empathetic Seattle divorce and family law attorney for the customized guidance you deserve. 

You Always Have Options to End Your Marriage in Washington

The ending of a marriage is a significant life event. Even if you and your soon-to-be ex-spouse are on the same page about going your separate ways, the process of untangling your shared lives can be emotionally strenuous and logistically overwhelming. This is especially true when your spouse is refusing to participate in the divorce process, avoiding being served with the divorce papers, or failing to sign the necessary legal paperwork to move the process forward. As frustrating as this may be, it’s essential to understand that you can still end your marriage—with or without your spouse’s consent or involvement. Washington courts can still enter a divorce decree if one party denies that the marriage is irretrievably broken. You can file a Motion for Default if your spouse has “ghosted” you or failed to respond to any of the notices or summons. Just because one spouse is dragging their feet or refusing to respond does not mean that the other spouse is forever trapped in the marriage. 

How a Skilled Attorney Can Assist You With Divorce in King County and Pierce County

When you share your concerns with Seattle’s go-to divorce law firm, you can rest assured that your best interests will be prioritized at all times. The Hemmat Law Group prides itself in handling a wide variety of legal issues, always approaching each case with the care and attention it deserves. We are driven by core values of empathy, integrity, and honesty, and the well-being of our clients is the heart of everything we do. We recognize that family law and divorce cases often involve sensitive and emotionally fraught considerations, which is why we are committed to treating you with the respect, compassion, and care you deserve during this vulnerable time in your life. When you meet with us, we will assess the specific circumstances of your case and help you explore all of your available options. From there, we will work together to identify the most strategic path forward that’s tailored to meet your unique needs and goals. In some cases, we may consider pursuing mediation or even litigation to help you achieve your desired outcome. No matter what course your divorce journey may take, you can trust that our knowledgeable and compassionate legal experts are here to support you at every step of the process. 

Over the last few decades, the Hemmat Law Group has diligently served individuals, families, and parents throughout the Pacific Northwest. We are committed to working closely with every client we serve to understand their specific needs and concerns so that we can identify the best and most effective approach to help them achieve their goals. If you have questions about the divorce process in the greater Seattle area, please get in touch with us today by calling (206) 682-5200 to get started with an experienced and compassionate family law attorney.