Understanding Default in Washington Divorce Cases

If your spouse refuses to respond to your divorce petition, ignores the court summons, or simply fails to participate in the legal process, you may be eligible for a default. While this path may seem like a shortcut, it comes with strict legal requirements and potential consequences for both parties.

At Magnuson Lowell, P.S., we help clients navigate default divorce proceedings in Washington State and ensure all procedures are properly followed. Here's are some things to know if you're considering or facing a default.

What Is a Default Judgment?

A default is a court ruling issued when one party in a case doesn’t respond or appear within the required time. In divorce, it means the court may proceed without input from the non-responding spouse and may grant the relief requested by the filing spouse.

This process is allowed under Washington law if the responding spouse:

• Has been properly served with the divorce petition and summons
  
  
• Fails to file a written response (called a "Response to Petition") within the legal deadline
  
  
• Does not appear in the case

When Can You Request a Default in a Divorce?

In Washington, the time to respond to a divorce petition is:

• 20 days if the responding spouse was served within the state
  
  
• 60 days if they were served outside of Washington
  
  
• 90 days if served by publication (e.g. service in a newspaper when the spouse cannot be located if permitted by the court)

If your spouse does not respond in time, you can file a motion for default, asking the court to proceed with finalizing the divorce based solely on your filings.

Benefits of a Default

• Faster resolution: You may avoid drawn-out court proceedings if your spouse doesn’t participate.
  
  
• Clarity and closure: You gain a legally binding divorce.
  
  
• Enforcement: Once entered, the judgment can be enforced like any court order.

Limitations and Cautions

• Courts will review your requests to ensure they are fair and lawful, especially if children are involved and reserve the right to not enter the orders.
  
  
• If your spouse later argues they didn’t receive proper notice, were unable to respond, or other positions, they may file a motion to vacate the default, which could reopen the case.
  
  
• You cannot seek a default if the other party has made any appearance in the case, even informally, without following additional procedures.

What If You’re on the Receiving End of a Default?

If you’ve received a summons and petition, do not ignore them. Failing to respond can lead to permanent decisions about your property, parenting rights, and financial obligations without your input.

Even if you’re unsure about contesting the divorce, filing a timely response preserves your rights and opens the door to negotiation or mediation. In other words, immediately contact an attorney to ensure your rights are protected.

Get Legal Help with Default Divorce Cases

Whether you're filing for default or trying to avoid one, legal guidance is essential. At Magnuson Lowell, P.S., we help clients understand the rules around default judgments and protect their rights throughout the divorce process. We offer free telephone case evaluations. Call today 425-800-0573 to speak with an experienced divorce attorney about your options.

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