What happens in a divorce if one spouse files and the other simply… does nothing? When that happens, the court can enter what’s called a default order. Default orders are powerful, often misunderstood, and can have long lasting consequences.

Filing the Divorce Case

Every divorce starts the same way: one spouse (the petitioner) files a petition for dissolution of marriage with the court. This document (often vaguely) lays out what the filing spouse is asking for, which can include: asset and debt division, spousal maintenance, child support, parenting plans, and more.

At this stage, nothing has been decided yet. The petition is simply a request to the court.

Service of Process: Official Notice Matters

After the case is filed, the petitioner must formally notify the other spouse (the respondent). This is called service of process.

Service is not casual notice. It must comply with court rules, which usually requires:

Personal service by an independent 3rd party.
Another court approved method (such as service by mail or publication in limited circumstances)

Once service is completed, the clock starts ticking. Courts take service very seriously. If service was improper, a default order can sometimes be challenged later.

The Deadline to Respond

After being properly served, the respondent has a limited amount of time to file a response with the court. The exact deadline depends on how service was obtained. For typical in-state, in-person service, it is usually 20 days.

A response does not need to be complicated. At a minimum, it shows the Court you are participating in the case and whether you agree or disagree with the requests in the Petition. Failing to file anything is where problems begin.

Failure to Respond

If the respondent does not file a response by the deadline, the petitioner can ask the court to enter a default. If you are the respondent, an order of default is very bad. It typically prevents you from responding in the future and allows the petitioner to seek divorce without your further input.

Consequences of a Default Divorce Order

Default orders can be severe and long lasting. Depending on the case, the court may:

Award property and debts exactly as requested by the filing spouse
Set child support and spousal maintenance amounts without negotiation
Establish a parenting plan the non responding spouse had no input on
Divide retirement accounts and other assets without objection

If a default is entered, the petitioner can seek to finalize the entire divorce without the respondent’s involvement in the case.

Can a Default Order Be Set Aside?

In limited situations, a respondent may ask the court to set aside a default order. In Washington, this takes the form of a Motion to Vacate under Court Rule 60. Some situations where a court might vacate a default divorce include:

Improper service, or
Excusable neglect (such as serious illness or unavoidable circumstances), and
Fraudulent requests by the petitioner.

These motions are very fact dependent. Even then, there are strict deadlines. Waiting too long can permanently close the door.

People ignore divorce paperwork for many reasons - fear, denial, financial stress, or the belief that “it will work itself out.” If you’ve been served with divorce papers:

Read them immediately
Calendar the response deadline
Hire an attorney to file a response, even if you’re hoping to settle

Filing a response preserves your rights. Not filing hands control of the case to the other side. At Magnuson Lowell PS, we work with divorcing clients to make sure their needs and deadlines are met. Call today for a free 425-800-0582 telephone case evaluation.