Receiving divorce papers often causes stress. However, ignoring them usually does not make the issue go away. Instead, the court may move forward without your input. In Washington, divorce cases follow set timelines and may include added protections, especially when military service is involved. If you are wondering what happens if a spouse ignores military divorce papers in Washington, the knowledgeable lawyers from Lutz & Associates have the answers for you.
Understanding the Response Window
Washington law gives a spouse a limited time to respond after service. If someone serves you in person within the state, you often have 20 days to file a response. If service happens outside Washington, that period often extends to 60 days.
If you are a military member and are served with divorce papers, missing those deadlines may allow your spouse to continue the case regardless of your response, but without your input on final proceedings.
Moving Toward a Default Order
If a military spouse receives divorce papers in Washington but does not respond on time, the spouse who filed the case may ask the court for a default order. In general, that means the judge may consider the case based mainly on the information from the filing spouse. In that situation, a judge may make decisions about:
- Ending the marriage
- Setting child support
- Creating parenting plans
- Dividing property and shared debts
Washington also requires a 90-day waiting period after the petition is filed and served before a court may finalize the divorce. Even in default cases, judges often review proposed orders to see if they meet legal standards.
Managing Military Service Protections
If the spouse who did not respond to the Washington divorce papers serves on active duty in the military, federal law may provide important safeguards. The Servicemembers Civil Relief Act (SCRA) aims to protect service members when military duties limit their ability to take part in court proceedings.
For example, if a service member has not appeared in the case, the court may need to appoint an attorney to protect that person’s interests before granting a default. In some situations, the court may also pause the case for at least 90 days if military service materially affects the ability to respond.
Handling civilian spouse delays
Even when military service is not involved, a default Washington divorce order may not happen right away. Delays can arise if questions exist about proper service or if the judge wants more information about finances or the needs of children. Courts often seek a clear record before signing final orders.
Assess Your Next Steps for a Military Divorce In Washington With Lutz & Associates
A spouse ignoring military divorce papers in Washington may seem like a way to delay the process, but it can reduce your chance to weigh in on issues such as property division or parenting time.
Responding within the legal deadline often helps you stay involved in decisions that may shape your future. Because each family’s circumstances differ, the outcome of a case may depend on the facts, timing, and court rulings. If you are facing a military divorce and need help addressing a summons and other family law concerns, contact Lutz & Associates today for compassionate legal guidance.