Can You Get Divorced if You Can’t Find Your Spouse in King or Pierce County?

Just as romantic relationships are unique to the individuals, the reasons for the unraveling of long-term partnerships vary from couple to couple. A considerable amount of research has been conducted to identify the most common marital issues and the factors that may contribute to divorce, with one study citing the following as the most cited reasons for divorce: “lack of commitment (75 percent), infidelity (59.6 percent), too much conflict and arguing (57.7 percent), followed by marrying too young (45.1 percent), financial problems (36.7 percent), substance abuse (34.6 percent), and domestic violence (23.5 percent).” Moreover, it’s important to recognize that some divorces arise out of a mutual agreement that parting ways is the best option for both parties, while other cases involve one spouse who wants a divorce against the wishes of the other party. As a no-fault divorce state, Washington allows either spouse to file for divorce–even if the other party does not agree. The party filing for divorce does not need to cite a specific reason for taking this action; instead, they must only state that the marriage is irretrievably broken. In other words, the spouse seeking to end the marriage does not need to prove wrongdoing or fault on the part of the other party in order for the court to grant the divorce.

While it’s possible to move through the divorce process in King County and Pierce County against the wishes of your spouse, matters can become increasingly difficult when the other party refuses to respond to divorce-related summons or documents. For instance, a spouse may leave the state or country and make it nearly impossible to locate their whereabouts and obtain their signature. If you have found yourself in this stressful situation, it’s important to recognize that you still have options to proceed with the divorce and end the marriage. Enlisting the guidance of a highly experienced and knowledgeable Seattle divorce lawyer is the best way for you to understand your options and identify the most strategic path forward that helps you achieve your goals. This post will explore the logistical challenges of divorce involving an abandoned spouse in Washington state and the steps you can take to obtain a King County divorce as smoothly as possible. 

The Legal Requirements For Serving Divorce Papers in Washington State

To initiate the divorce process in Washington state, one party must complete and file court forms, including the Petition for Divorce (Dissolution) and Summons: Notice About a Marriage or Domestic Partnership. In some circumstances, such as when the divorce goes against the other party’s wishes, the spouse filing for divorce will need to serve the other party with the summons, petition, and other supporting documents. Generally speaking, you have a few options for serving the other party with these documents. In Pierce County or King County, “Any person, other than yourself, who is at least 18 years old, must hand the documents directly to the other party. You can hire a company or the Sheriff’s Office in the County in which the other party resides to serve the documents.” Once this has been completed, the person who gave the documents to the other party needs to complete a Proof of Personal Service to show the court that the party has been officially notified.

When the Other Party Resides in Another State

In cases where the other party lives outside of Washington state, you will need to complete and file an additional form called Declaration: Personal Service Could Not Be Made in Washington. This document explains why personal service is not possible in the state of Washington. Once the other party has been served outside of Washington, the person serving these documents must have their signature notarized by a notary public or sworn to in front of a court clerk when completing the Proof of Personal Service document. 

Other Options for Serving Divorce Papers in Washington

Even if you try to follow all of the steps listed above, you may encounter significant difficulties in locating your spouse and having them respond. In Washington, divorce without the spouse’s consent is still possible, but you will likely have to work with your experienced and caring Seattle divorce and family law attorney to explore other strategies, such as asking the court for permission to serve via mail or publication. 

Understanding Service By Publication in Washington State

After your attempts to have the divorce papers served on your spouse have proven unsuccessful, you can explore other tactics like having them served by mail or via publication. However, you will need to have the court approve this effort. First, you will need to ask the court to rule that you have made a reasonable and diligent effort to locate your spouse. For instance, you can provide the court with a list of all places you contacted via mail or phone, as well as any interactions you had with landlords, employers, family members, or apartment managers regarding the location of your ex. Returned mail, bounced emails, and other evidence of failed attempts to contact the other party can all be used as good-faith efforts on your part. If the court agrees that you have attempted to locate your missing or estranged spouse, they may issue an order allowing you to seek a service by publication in Washington. Essentially, this means that you may have the notice published in the local county newspaper and have it run once a week for at least six consecutive weeks. Once the first notice is published, the other party has sixty days in which to respond. 

When a Missing Spouse Still Fails to Respond to Service By Publication

If the sixty-day period expires and your spouse has still not responded, you can complete and file a Motion for Default with the court. This asks the court to find that the other party has forfeited their right to respond, which usually means that the court will finalize the divorce and grant the requests you made. In other words, you will likely receive all of the terms you asked for because the other party did not raise any objections or oppose them in any way. For spouses who refuse to respond or participate in the divorce process, having the court grant a default divorce can have significant implications for important matters like child custody, child support, and property division considerations. For instance, the unresponsive spouse may lose out on a fair parenting plan, as they did not show up to negotiate more favorable terms. Or, the uncooperative party may not receive the marital assets that they wanted because they did not voice their concerns or make their case. As frustrated or angry as you may be at your soon-to-be ex-spouse for moving forward with a divorce that you do not want, it’s essential that you avoid running away and instead take an active role in the divorce process to ensure that you receive an equitable outcome.

Going Above and Beyond to Assist You and Protect Your Best Interests

Navigating a missing spouse divorce in Washington can be extremely frustrating. Not only does this compel you to complete additional paperwork and go through extra steps to end the marriage, but it also takes a considerable amount of time to search for your uncooperative spouse. It can be exhausting to devote your time and energy to tracking down a spouse who has fled the state or gone overseas to avoid communicating with you. However, as irritating and overwhelming as this may be, it’s critical that you understand that you do not have to go through this challenging time on your own. With a highly experienced and dedicated King County divorce attorney by your side, you can access specialized tools that are not generally available to the public to assist you in your efforts to locate your spouse. Our knowledgeable team of legal professionals is ready to help you identify the most strategic course of action that minimizes stress and frustration during this already overwhelming time. We are more than ready to answer your questions, address your concerns, and support you through every step of the divorce process so that you can move forward into a brighter and more secure future. At the Hemmat Law Group, your best interests are the heart of everything we do. As Seattle’s top family law firm, we are passionate about delivering exceptional client support at every level, always treating you with the care, respect, and attention you deserve. 

If you are struggling to move through the divorce process in Washington state because your spouse has moved away or has made themselves unreachable, it’s highly recommended that you partner with a dedicated and experienced Seattle divorce attorney who knows how to provide you with the support and guidance you need during this difficult time. At the Hemmat Law Group, we are committed to working closely with every client to understand their unique needs and goals so that we can identify the best course of action. Please call our Seattle office today at (206) 682-5200 to get started with one of our caring and highly qualified family law and divorce lawyers.