Spouses going through divorce often disagree about almost everything. In some cases, they may even disagree about whether or not the divorce is necessary.
One spouse may choose to file, but the other may object to that decision. The person filing may worry about the other spouse fighting the divorce, possibly by refusing to respond. Do those seeking divorce require the cooperation of their spouses?
Ignoring service does not prevent a divorce
Contrary to what people might expect, the participation of both spouses is not necessary for the completion of a divorce in Washington state. Provided that the filing spouse follows the right procedures, they can complete the entire process without the direct involvement of the other spouse.
When they petition the courts for divorce, they also have to provide legal service to their spouse, which means informing them they have filed in the appropriate legal manner. The served spouse then has a limited window of opportunity in which to respond to the divorce petition and contest the proposed terms.
Typically, those in Washington state only have 20 days from the date of service to respond. That window increases to 60 days for people who live outside of the state and may be even longer in cases involving service by mail.
After the other spouse defaults by failing to respond within the appropriate number of days, the filing spouse can request default divorce proceedings. Judges can grant a divorce as quickly as 90 days after the submission of the initial petition in some cases. The filing spouse may actually achieve all of their goals because the other spouse does not counter their proposed terms.
Understanding the rules that govern divorce proceedings can help people feel confident about filing. An uncooperative spouse cannot force someone to remain in an unhappy or unhealthy marriage.
