responding to a divorce - washingtonlawhelp.org if i do not think washington has jurisdiction over...

61
3203EN | August 2017 Responding to a Divorce Instructions and Forms August 2017

Upload: vudang

Post on 21-Apr-2018

216 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce

Instructions and Forms August 2017

Page 2: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Table of Contents | Page - 1

Table of Contents

Introduction and Important Information .................................................. 1

A. You must respond on time! ............................................................................. 1

B. What if I do not think Washington has jurisdiction over me? ........................... 2

C. What if I do not think Washington has jurisdiction over my children? .............. 2

D. What if I agree with the divorce? ..................................................................... 2

E. What if I am in the military or the dependent of someone in the military? ....... 2

F. What if I have questions that this packet does not answer? ........................... 3

Words and Expressions You Should Know ............................................ 3

How to Respond to a Divorce Petition .................................................... 8

What is in this Packet? ........................................................................... 12

What else will I Need that is not in this Packet? ................................... 14

Deadlines and Legal Issues ................................................................... 15

A. Figure Out How Much Time You Have To Respond ..................................... 15

B. Jurisdiction .................................................................................................... 17

C. Filing Your Own Motions ............................................................................... 18

D. Dealing with Deadlines ................................................................................. 18

General Instructions ............................................................................... 21

How to Fill Out Each Form ..................................................................... 26

A. Response to Petition about a Marriage – FL Divorce 211 ............................. 26

B. Confidential Information Form and Attachment - FL All Family 001 & 002 .... 28

C. Notice of Appearance – FL All Family 118 .................................................... 30

Filing and Serving Your Papers ............................................................. 30

A. Getting Ready to File and Serve ................................................................... 30

B. Filing your papers in court ............................................................................. 31

C. Serving the other parties ............................................................................... 31

What if I Agree with Everything in the Petition? ................................. 34

A. Agreement to Join Petition (Joinder) - FL All Family 119 (if you decide to use it) .................................................................................................................. 34

B. How to file the Agreement to Join Petition form (if you signed it) .................. 35

If you are in the Military or the Dependent of Someone in the Military .................................................................................................. 35

Page 3: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Table of Contents | Page - 2

A. Waiver of Rights under Servicemembers Civil Relief Act (Non Mandatory Form) ............................................................................................................ 36

B. Notice of Military Dependent (Non Mandatory Form) .................................... 36

If you and another party do not agree, get ready to go to trial ........ 38

Checklists of Forms and Documents .................................................. 39

Blank Forms .......................................................................................... 41

This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice.

This information is current as of August 2017.

© 2017 Northwest Justice Project — 1-888-201-1014.

(Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for non-commercial use only.)

Page 4: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 1

Introduction and Important Information

This packet should help you fill out, file and serve the forms and papers you need to respond to a divorce. Read the information carefully. Follow the instructions.

You will see footnotes in this packet. They tell the law or court case

supporting the footnoted statement, or give special tips, links to websites, or

other information. Use the footnotes to look up the law at your local law

library, or to tell the court when you are trying to make a legal argument. CR

is the Civil Rules of Washington. GR stands for General Rules. RCW stands for

Revised Code of Washington, the law of Washington State. Court cases have

names, such as In re Custody of Child. The references to the law are up to date

as of the date we published this packet. The law sometimes changes before

we can update the packet.

This packet does not cover other types of claims for child custody/visitation that a person who is not a biological or adoptive parent might make, such as a petition for recognition as a “de facto” parent1.

Before using this packet, try to talk with a family law attorney. Even if you cannot afford to pay one to represent you, try to meet with a lawyer once for advice. A divorce can affect many important legal rights, including how much time you may spend with your children, and rights you may have to a share of your spouse’s pension or other property. What if I Have Questions That This Packet Does Not Answer, below, has possible resources.

For general information, visit the Washington LawHelp web site (www.washingtonlawhelp.org). Read our publication called Ending Your Marriage in Washington with Children - The Basics or Ending Your Marriage in Washington without Children – The Basics.

State law about marriage and divorce also applies to marriages between

same-sex couples. The Legal Voice’s publication called Marriage for Same-Sex

Couples in Washington has more information. See www.legalvoice.org.

A. You must respond on time!

When you are served with legal papers, take steps right away to figure out how to respond. If you do not respond on time, the other party may automatically win what they are requesting. If your spouse has served you with a motion, you may have a much shorter time after you get the papers to file your response. It may take time to find legal resources

1 See In re Parentage of L.B. 155 Wn. 2d 679, 122 P.3d 161 (2005), cert denied, 547 U.S. 1143 (2006) and In re Parentage of J.A.B. 146 W. App.417 (2008).and In re Parentage of M.F. 141 Wn. App. 558 (2007).

Page 5: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 2

and to read through this packet. Start as soon as you get the papers. If you cannot respond in time, you must file a Notice of Appearance and ask for a continuance (explained below).

B. What if I do not think Washington has jurisdiction over me?

In general, Washington may grant your spouse a divorce if s/he lives in Washington, even if you have never lived here. If you have never lived here, Washington may not have personal jurisdiction over you. In that case, the Washington court may not be able to order you to do certain things, such as pay child support and maintenance (alimony), obey restraining orders, or divide property and debts that are not in Washington. If you think Washington lacks jurisdiction over you, you must challenge Washington’s jurisdiction before filing anything with the court. For help deciding whether Washington has jurisdiction over you, talk with a lawyer, or read our publication Ending Your Marriage in Washington – The Basics (with children or without children).

C. What if I do not think Washington has jurisdiction over my children?

If another state has already entered a custody order about your children, or your children have not lived in Washington for very long before your spouse files for divorce, Washington may not have jurisdiction over your children. In that case, the court here should not decide custody. You usually must raise this issue yourself.

For more information about UCCJEA jurisdiction, talk with a lawyer, or see our publication Ending Your Marriage in Washington with Children - The Basics or Ending Your Marriage in Washington without Children – The Basics. Also see our publication Which Court Can Enter Custody Orders? Frequently Asked Questions and Answers about Jurisdiction.

D. What if I agree with the divorce?

If you agree you should get divorced, but you do not agree with everything your spouse asked for in the legal papers you received, follow the instructions in this packet for filing a Response.

If you agree with EVERYTHING your spouse is asking for, see the section “What If I Agree with Everything in the Petition?”

E. What if I am in the military or the dependent of someone in the military?

You may have special legal protections. Before you file any papers with the court and well before your deadline for filing, get legal advice about your rights. Talk with your JAG office or a lawyer who knows the federal and state Service Members Civil Relief Acts. The section on military service members and their dependents later in this packet has general info.

Page 6: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 3

F. What if I have questions that this packet does not answer?

Talk to a lawyer familiar with family law before filing anything with the court. Many counties have family law facilitators who can help you fill out forms or free legal clinics where you may get legal advice about your case.

Do you live in King County? Call 211. 211 is open Monday through Friday between 8:00 a.m. and 6:00 p.m. From a pay/public phone, call 1-800-621-4636. 211 will identify and refer you to the appropriate legal aid provider.

Apply online with CLEAR*Online - https://nwjustice.org/get-legal-help

Call the CLEAR Legal Hotline at 1-888-201-1014.

Words and Expressions You Should Know

You may not need every definition in this section.

Appearance: Informing the court and the parties of your whereabouts and your desire to take part in your case. You can do this in-person at a Court hearing or in writing. Most people do this by filing and serving a Notice of Appearance. Certain informal actions, such as negotiating, phoning about the case, or writing a letter, that show a knowledge of the claims in the case and an intent to defend, might also count as an appearance.

Assets: Things of value you own. Examples: cash; bank accounts; stocks; real estate; valuable personal belongings (antiques, jewelry, and so on).

Attachment: A document stapled to a court form and referred to in the form. Attachments should follow any format rules for court forms. (The General Instructions section of this packet has basic information about the format rules.)

Bailiff: A member of the judge’s staff who is in charge of courtroom procedure and security. The bailiff may sometimes be the same person as the clerk.

Calendar: The court’s schedule of cases it will be hearing. Also called a Docket.

Caption: The heading of each legal document. It has the name of the court, the names of the parties, the case number, the name of the document itself, and, sometimes, the type of case.

Case Schedule: A printed schedule issued by the court in some counties. It shows major dates and deadlines in your case.

Certified Copy: A copy of a document from the court file made by the court clerk that has an official stamp on it stating it is a true copy. Usually, you pay for a certified copy.

Clerk of the Court: An officer of the court who handles clerical matters like keeping records, entering judgments and providing certified copies. Each courthouse has a Superior Court Clerk’s Office. Someone from the clerk’s office staff is also usually in the courtroom during hearings.

Page 7: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 4

Commissioner/Court Commissioner: This person is like a judge, but only makes decisions relating to a specific subject matter. Many counties have family law commissioners who decide only family law cases2.

Confirm a Hearing or Trial: Notifying the court that you still plan to have the hearing or trial scheduled in your case. The way to confirm your hearing or trial varies by county. Not all counties require confirmation. You may have to call the court a few days before the hearing or trial. Local rules explain each county’s requirements. If notice is required and not given, the clerk may cancel the hearing or trial.

Conformed Copy: A copy of any court document filed with the clerk. It must be stamped with the date filed. If the document is an order, it must also have the name of the judge who signed it written or stamped on it.

Contested Case: A case in which opposing parties take part and disagree about the outcome of the case.

Continuance: Delaying your court hearing to a later date. In your county, the judge might have to approve any request for a continuance.

Custodian (also Custodial Parent): The person the children live with most of the time.

Debts: What you owe – can be unpaid or late bills or other payments.

Declaration: A written statement made to the court under oath.

Default: The failure to respond to court papers within the legal deadline.

Default Order: An order that a petitioner can request if

Respondent does not file a Response before the deadline, or,

if s/he has appeared in the case, if s/he does not file a Response after being served

with a Motion for Default.

Dispute Resolution: The part of the parenting plan that states how the parties will try to resolve disagreements about the parenting plan (examples: mediation, counseling, court action).

Docket: The court’s schedule of cases it will hear on a particular day.

Education expenses: In child support matters, these are expenses related to the child’s education not covered by the child support payment. Examples: tuition; school uniforms.

Ex Parte: Going before the court without notifying the other party. Sometimes also refers to the courtroom where you see a judge without notifying the other party.

Exhibit: Documents, records, and photographs introduced into evidence at trial or hearing. Attachments to legal forms might also be exhibits. If so, they should follow the format rules for court forms. (The General Instructions section of this packet has basic information about the format rules.)

2 Court commissioners, not judges, make many decisions in family law cases. In this packet, in most places we just use “judge.”

Page 8: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 5

Filing: Giving court papers to the Court Clerk to place in the case file.

Grantee: In a divorce where the parties own real property (house or land) together, the grantee is the person who gets or buys a share of the property.

Grantor: In a divorce where the parties own real property (house or land) together, the grantor is the person who gives or sells their share of the property.

Guardian ad Litem (GAL): A person the court appoints in some cases to investigate the issues and make recommendations to the court about the children’s best interests. If a GAL is appointed, you must serve him/her with any papers filed. The GAL may be a party. The GAL’s signature may be required on court orders.

Hearing: Going before a judge to request a court order or to defend against another party’s request. Hearings usually take place before the trial date and concern specific issues (example: temporary relief). Hearings on important issues (example: motions to dismiss) may end the case. In many counties, the court does not allow live witness testimony at hearings. Instead, the parties must file and serve materials in advance in writing. In some counties, the court may decide the outcome of certain types of modification cases by hearing rather than by full trial.

Immediate Restraining Order: An order the judge signs if emergency circumstances require protection before there can be a temporary hearing.

Jurisdiction: The court’s authority to make decisions regarding certain people and issues. If a court does not have jurisdiction, it has no authority to make orders over the person or subject affected.

LEIS: Law Enforcement Information Sheet.

Long distance transportation: The expense of having to get the children from one parent’s home to another when the parents live far apart.

Maintenance (used to be called “alimony”): The amount a court orders one spouse/partner to pay for the other’s support during the case and/or after it is over. RCW 26.09.090 lists some factors to use in deciding whether to award maintenance and, if so, in what amount and for how long. RCW 26.09.060 authorizes the court to order temporary maintenance, where appropriate.

Mediation: A meeting between the parties to a court case and a neutral third party (examples: a mental health professional, judge, retired judge, or lawyer not otherwise involved in the case), where the parties try to mediate, or reach an agreement, about all of the legal issues in their case.

Motion: A formal request to the court for an order, usually about a specific issue.

Motion Docket: The court’s schedule of motions it will hear.

Noncustodial parent: The parent the child does not live with most of the time.

Note/Notice of Hearing/Note for Motion Docket: A form that lets the clerk know to schedule a hearing and tells the other parties the subject of the hearing and when and where the hearing will take place.

Page 9: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 6

Notice of Appearance: A paper filed with the court and served on the other parties showing that a party wants to take part in the case, and saying where to send papers filed about the case.

Order: A court document signed by a judge that requires someone to do (or not do) something. Examples: restraining orders, orders on adequate cause, parenting plans, or Findings and Conclusions. The judge must have signed them for them to take effect. If you disobey an order of the court, the judge may hold you in contempt. An order is not in effect until a judge has signed it. Check if an order you are served with is only a proposed order or if the judge has actually signed it. (See “proposed order” definition.)

Other party: Every party to the case, besides you. In court forms, the “other party” can also mean one particular party. Example: when the Motion for Default says “other party,” it means the party you believe is in default.

Parent the child lives with most of the time: Many people would say this means the parent who has “custody.” The law does not usually use the words “custody” and “visitation” between parents anymore.

Parent the child does not live with most of the time: Many people would say this is the parent with “visitation.” The law does not usually use the words “custody” and “visitation” between parents anymore.

Parenting Plan: A proposal or, if signed by a judge, a court order which states when the child will be with each party, who will make major decisions about the child, and how future disputes about the child will be resolved.

Party: A Petitioner or Respondent. GALs and the State of Washington may also be parties.

Petition: The document that starts a case and asks the court for a decree, judgment, or final order. Petitioner: The person who files a legal case. Petitioner in the caption of a form does not change, even when the other party later files motions.

Pro Se: Acting without a lawyer; representing yourself in court.

Proposed Order: A document one party will be asking the judge to sign. It will not yet have the judge’s signature on it. Many counties require the parties to file and serve proposed orders with motions or responses to motions, to show how that party wants the court to decide the motion. Even if your county does not require it, it is still better to prepare and serve them and deliver copies to the court. A proposed order becomes an order if the judge signs it.

Real property: Land and any buildings on the land.

Respondent: The person against whom a legal case was originally filed.

Response: A formal written answer to a Petition filed with the court. The term also sometimes describes the papers a person files in response to a motion, so it can be confusing. Here, “Response” with a capital “R” refers to the Response form. We will say “response” with a small “r” for all types of responses, including for example, responses to motions as well as to petitions.

Page 10: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 7

Restraining Order: A court order to keep a party from doing something that may harm the other party or child.

Ruling: A decision by the court.

Separate household: Where you live and the things you have when you and your spouse/partner are no longer together.

Service: Giving court papers to the other party. The law defines ways of service that are legally acceptable. When a petitioner starts a case, or files a petition to change a parenting plan, residential schedule, or custody order, s/he must arrange for the Summons and Petition and other papers that begin the case to be properly hand-delivered or, in some cases, and with advance court permission, sent by certified mail or published in a newspaper. After the initial Summons and Petition have been served, many later papers can be served by first class mail, with legally sufficient advance notice.

Settlement Conference: A formal meeting between the parties to a court case and a neutral third party (such as a judge, retired judge, or lawyer not otherwise involved in the case), during which the parties try to settle, or reach an agreement, about all of the legal issues in their case. Some counties require parties to family law cases to have a settlement conference before going to trial. Some counties have programs to provide family law settlement conferences available free of charge.

Summons: A written notice that a case has been started.

Temporary Family Law Order: An order entered after a case is filed and before it is finished, which is only in effect while the case is going on. Some temporary family law orders may end at a fixed time, even before the case ends.

Time to Respond (or deadline to respond): The length of time a party has to respond to something filed by another party. The length of time to file a Response to a Summons is 20 to 90 days after service, depending upon the type and location of service. The length of time to respond to motions is usually much shorter.

Transfer Payment: The amount of money the court orders one parent to pay as that parent’s share of basic child support.

Trial: The hearing where the judge listens to live testimony from parties and witnesses, considers evidence properly introduced, hears argument, and decides the outcome of the case.

Venue: The County where the case should be filed. Proper venue depends on the type of case.

Waiver: Asking to be excused from something. When you file a motion for a fee waiver, you are asking the court for permission not to have to pay the fee.

Working papers/working copies: Local court rules may require you to deliver an extra copy of all of papers (including proposed orders) for your hearing for the judge to read. We call this set of copies Working Papers. To learn the rules for working papers and confirming the hearing in your county, read local court rules, and check with the Family Law Facilitator or court clerk.

Page 11: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 8

How to Respond to a Divorce Petition

We explain many of these steps in more detail later in this packet. Check the boxes as you go through the process.

1. Figure out How Much Time You Have to Respond.

Look at all the papers you received. The Summons should tell you how much time you have to file your Response. Look at the rules in the “deadlines” section. Be sure of your deadline.

Look carefully through all of the papers to find out if you were served with a motion (sometimes called a Motion for Temporary Family Law Orders or Immediate Restraining Order and Hearing Notice) as well as a petition. If you were, get the packet called Responding to Motions for Temporary Family Law Orders or Immediate Restraining Orders: Divorce Cases and Petition to Change Parenting Plan Cases.

Petition for Divorce: My deadline to Respond to the Petition is _______________

Temporary Family Law Orders (If you got, or later get, a Motion for Temporary Family Law Order or an Immediate Restraining Order and Hearing Notice).

o The Temporary Family Law Orders hearing date is __________________.

o The deadline to respond to a Motion for Temporary Family Law Orders or Immediate Restraining Order and Hearing Notice is ____________________________.

Notice re Military Dependent. If you got this notice and are the dependent of someone in the military, as the notice explains, you must notify petitioner and the court within twenty days after you received the notice.

o The deadline to respond to this notice is __________________________.

I do [ ] do not [ ] need to deliver working papers to the judge.

Write other deadlines here:

_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

If you cannot respond on time, you must file and serve a Notice of Appearance and try to get a continuance (delay) of any upcoming hearings. If you cannot get a continuance, file and serve a Notice of Appearance and prepare for the hearings. (See information in this packet in the section called “Deadlines and Legal Issues,” and the instructions about the Notice of Appearance form.)

2. Read the Papers Carefully.

Read everything carefully to find out what your spouse is asking for. Use a yellow highlighter pen. Mark what your spouse wrote in the papers that you want to respond to. Try to take the papers and ask a lawyer (NOT Petitioner’s lawyer) to read through them and get advice about what to put in your response.

Page 12: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 9

3. Gather Your Evidence and other Forms not in this Packet.

Try to get the evidence you will need now, for use when you are filling out your forms. Think carefully about whether there is information that will help show what you are telling the court is correct or that what the other party is telling the court is not true. Your evidence could include:

Witness Declarations – sworn written statements by you and people who have personal knowledge about you or the other parties or the children. See the section on Declarations below.

Records – bills, records of past criminal convictions, medical or mental health treatment, grades and other school records, and daycare records are among the types of records to include.

Photos – if they help prove or disprove any issues in the case.

Financial Information – if financial issues are included, provide evidence of your income and assets, and maybe evidence of the other party’s income and assets. This could include: federal income tax returns, official letters from Social Security, L&I, Employment Security or DSHS saying how much you receive in benefits, bank account statements, and business records, or 1099 forms.

4. Check for and use Special Local Forms, Procedures and Rules.

5. Learn about Local Requirements.

Local court requirements will affect how you handle your case. Many counties have special forms, or have other local rules you must follow. Many counties require case schedules, classes, or settlement conferences. You must learn and follow local court requirements.

Call the court clerk or family law facilitator in the county where this case was filed to find out about these local requirements. Tell them the kind of family law case you have (examples: divorce with or without children, a motion for _____). Requirements may differ, based upon the type or stage of your case.

Read your local court rules. They are available at your county’s law library and often online at http://www.courts.wa.gov/court_rules/?fa=court_rules.local&group=superior

Look at the “Words and Expressions You Should know” section of this packet if you need to.

Find out about at least the following:

whether the county has its own packets or forms for your type of family law case. If so, use those instead of ours. If you use our packet, get any other local forms you will need

whether the court uses case schedules (and whether it requires the person filing the case to serve the schedule on the other parties)

if your case involves children and a party wants the court to appoint a Guardian ad Litem (GAL), whether there is any program allowing the appointment of one at no or low cost, and whether there are special local forms to ask the court to appoint a GAL or evaluator

Page 13: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 10

if your divorce involves children, procedures for the court to check the judicial information system and databases before entering a permanent parenting plan to identify any information relevant to placing the child3

in cases where a party is claiming there is a limiting factor such as domestic violence or child abuse, local court procedures for having both parties screened to determine whether a comprehensive assessment is appropriate to determine the effect of the limiting factor on the child and the parties 4

If you have been served with a motion, you must learn any special deadlines for responding to family law motions in the county where the divorce is filed. (Also see the section of this packet: “Deadlines and Some Legal Issues to Consider.”)

6. Make any Challenges to the Court’s Jurisdiction or Other Legal Motions.

This packet does not describe jurisdiction or motions in detail. The section called “Deadlines and Legal Issues” lists a few issues you might raise in appropriate cases. Talk with a lawyer about these issues.

7. Get any Other Packets You Need.

If you have children, get our packet called Parenting Plans. If you have been served with a motion, get our packet called Responding to Motions for Temporary Family Law Orders or Immediate Restraining Orders.

Domestic Violence Survivors: If another party has a history of physically

harming you or the children, or has threatened to do so, and if you have had

a dating, roommate, marital, or family relationship with that party, or if you

are a victim of unlawful civil harassment by the other party, think about

filing a petition for an Order for Protection for immediate protection. Orders

for Protection offer strong safety restraints. Protection order forms are

available from the court clerk, from your local domestic violence program, or

call the 24-hour domestic violence hotline at 1-800-562-6025. Our

publication Domestic Violence: Can the Legal System Help Protect Me? has

general information.

Orders of Protection may also sometimes be combined with final court

orders in Divorce cases. If you need to ask for a permanent Protection Order

or a Protection Order covering the child/ren for longer than one year, see the

instructions later in this packet for how to do this.

Talk to a lawyer before filing for a Protection Order if the court has entered a

temporary parenting plan or custody order very recently.

3 RCW 26.09.182 4 RCW 26.09.191(4).

Page 14: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 11

8. Follow the General Instructions and fill out the captions of all of the forms.

9. Fill out All the Forms You Plan to Use from this and other packets.

10. Make the Needed Copies of the Completed Forms.

11. File Your Response with the Court Clerk’s Office in the Superior Courthouse of the county where your divorce was filed.

12. Serve the Papers on the Other Parties.

13. File a Motion for Temporary Family Law Orders or for Immediate Restraining Order, if you want one.

For help deciding whether to file a motion for temporary family law orders or immediate restraining orders, read our publication called Ending Your Marriage in Washington with Children - The Basics or Ending Your Marriage in Washington without Children – The Basics. In general, you should file a motion for immediate restraining orders only if you need a court order immediately. (Example: your spouse is harassing you or endangering the children, or might take all the money out of your bank accounts.)

If you decide to file a motion for Temporary Family Law Orders, get the forms and instructions to do this in our packet called Filing for Temporary Family Law Orders. If you decide to file a motion for immediate restraining orders, our packet called Filing for Immediate Restraining Orders has forms and instructions.

Your county may require you to deliver a set of working papers to the judge before any upcoming hearing. Our publication called What are Working Copies has more information.

14. File a Motion to Appoint a Guardian ad Litem (GAL), if you want one.

For help deciding whether to file a motion to appoint a GAL, read our publication called Ending Your Marriage in Washington with Children - The Basics or Ending Your Marriage in Washington without Children – The Basics

If you decide to file a motion to appoint a GAL, our packet called Filing for Temporary Family Law Orders has forms and instructions.

15. Ask for Discovery, if you want it.

“Discovery” is the process of gathering information that may be needed to reach a settlement or be able to present your case at trial. Through the discovery process, you can learn about how Petitioner views the case, and you can ask the other parties or witnesses for information and documents that could help you prove your case if you go to trial.

Our publication called How Do I “Do Discovery?” Help with Interrogatories and Requests for Production in Family Law Cases has more information.

16. Take part in locally required conferences, classes, or mediations.

Many counties require the parties to go to parenting classes. Some counties require mediation, settlement conferences, or status conferences. Find out the procedures in your county and follow them.

Page 15: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 12

17. Follow Court Orders Entered During the Case.

This may for example, include temporary family law orders, orders appointing a gal, orders requiring genetic testing.

18. As the case goes on, make sure you give other parties proper notice of other papers you file in your case.

19. Keep a copy of all documents that you file with the court or that you receive from other parties for your own records. Create your own file folder for these papers. Take them with you when you have hearings in your case.

If your divorce involves children, the court must:

*check the judicial information system and databases to identify any

information relevant to placing the child before entering a permanent or

modified parenting plan

*in cases where a limiting factor such as domestic violence or child abuse is

claimed, have both parties screened to determine whether a comprehensive

assessment is appropriate to determine the effect of the limiting factor on

the child and the parties

Ask your local court clerk or family law facilitator about procedures your

court is using under this law. You may need to use forms and procedures not

described in this packet.

20. Finalize your Divorce.

Review our packets. Choose the one that fits your situation. Petitioner usually writes the final orders, but either party can do so if the parties or agree or after a trial.

Finalizing Your Divorce (with children) by Agreement

Finalizing Your Divorce (no children) by Agreement

If you file a Response and you or Petitioner want to finalize your divorce, but cannot do so by agreement, get ready for trial. The section called “If You and the Other Party Do not Agree” has very basic information about trial.

What is in this Packet?

Read the next section to decide what other forms and packets you will need.

This packet has the following instructions and blank forms:

Page 16: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 13

Forms you will need to respond to a divorce in this packet:

Form Title Form Number Response to Petition about a Marriage FL Divorce 211

Confidential Information Form and Attachment FL All Family 001 & 002

Notice of Appearance FL All Family 118

Proof of Mailing or Hand Delivery FL All Family 112

If your case involves children, you will also need forms from the packet Parenting Plans.

Forms that you may also need in this packet:

Form Title Form Number Agreement to Join Petition (Joinder) FL All Family 119

Waiver of Rights Under Service Members Civil Relief Act

Non-Mandatory Form

Notice of Military Dependent Non-Mandatory Form

Form that you will need to show that copies of your responding papers have been served upon the other party:

Form Title Form Number

Proof of Mailing or Hand Delivery FL All Family 112

If you file certain confidential information any time during the case, use these forms to protect the private information from being put in the public court file. You can get them from the state court’s web site at www.courts.wa.gov/forms or in the packets listed below:

Form Title Form Number Packet Title Sealed Personal Health Care Records (Cover Sheet)

FL All Family 012 In the packet Responding to Motions for Temporary Family Law Orders or Immediate Restraining Orders: Divorce Cases and Petition to Change Parenting Plan Cases

Sealed Confidential Reports (Cover Sheet)

FL All Family 013 In the packet Responding to Motions for Temporary Family Law Orders or Immediate Restraining Orders: Divorce Cases and

Page 17: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 14

Petition to Change Parenting Plan Cases

Sealed Financial Source Documents (Cover Sheet)

FL All Family 011 In the packet Parenting Plans

What else will I Need that is not in this Packet?

It depends on your case. Read the information below carefully. Check the boxes by the other packets you need before filling out your forms. Get the other packets you need at www.washingtonlawhelp.org or, if you are low-income and do not have internet access and a printer, by calling CLEAR at 1-888-201-1014.

Parenting Plans - if you have children with your spouse who are under the age of 18, in high school, or still dependent on you for support.

Child Support Orders for Divorces, Parentage Cases and Petition to Change Parenting Plan Cases – where someone has asked for a child support order. The Sealed Financial Source Documents Cover Sheet is in this packet, if needed.

Responding to a Motion for Temporary Family Law Orders or Immediate Restraining Orders in a Divorce – if you have been served with a motion for Temporary Family Law Orders or an immediate restraining order. The Sealed Confidential Reports Cover Sheet and the Sealed Personal Health Care Records Cover Sheets are in this packet, if needed.

What are Working Copies? - if your county requires you to deliver a set of working copies or working papers to the judge before an upcoming hearing. You may want to do this even where not required.

Petition for Order for Protection (Domestic violence: WPF DV 1.015) –to ask for an Order for Protection if you want the court to change your Order for Protection as part of the divorce. Get the forms from your county clerk’s office, domestic violence advocacy program, or online at http://www.courts.wa.gov/forms .Attaching a Petition for an Order of Protection to your divorce Response does not give you any immediate protection order. It only asks the court to enter a protection order at the end of your case. (The “Petitioner” on the Protection Order form is always the protected person, even if s/he is Respondent in the family law case.)

Declaration about Public Assistance - FL All Family 132: This form is not in our packets. It is optional. Our instructions tell you to serve the State in any case where TANF, Medicaid, or foster care is involved. We instruct you to get the state’s signature on all default and agreed orders where the state might have an interest in the child support obligation in your case. You may need the form if your county requires it, or to verify that no public assistance has been paid or that the children are not in foster care or out-of-home placement. Get it at http://www.courts.wa.gov/forms.

Serving Papers on the State - if any party is asking for an order regarding child support, and any of the children has gotten public assistance (TANF), or medical coupons/Medicaid or is in foster care or out-of-home placement, get this packet.

Page 18: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 15

Include the state as a party and serve them with papers you file.

Filing for Temporary Family Law Orders: Divorce Cases and Petition to Change Parenting Plan Cases or Filing for Immediate Restraining Orders: Divorce Cases and Petition to Change Parenting Plan Cases - You can also use these packets to ask the court to appoint a Guardian Ad Litem if you want someone to investigate the situations of all parties and make a recommendation about the children's best interests. For help deciding whether you need temporary family law orders or immediate restraining orders, talk with a lawyer, or see our publication Ending Your Marriage in Washington with Children - The Basics or Ending Your Marriage in Washington without Children – The Basics.

County Local Court Forms and Rules – Some counties have special rules for divorces. They are not in this packet. Check with the court clerk’s office or Family Law Facilitator for more information.

Notice of Address Change (FL All Family 120): Use this form if you move during or after your case. Fill it out, file it with the court, and get all other parties a copy.

Some county clerk’s offices have forms and local rules available online. Check whether yours are online at the OAC website: http://www.courts.wa.gov/rules/local.cfm?group=superior.

Subpoenaing Witnesses and Documents – to make sure important witnesses or documents are available for your trial.

Finalizing Your Divorce by Agreement (with children) or (without children) – these packets may help you finalize your divorce by agreement. There are no packets about having a trial to finalize your divorce case. Some publications can help prepare for some aspects of trial. See the complete list at www.washingtonlawhelp.org.

Deadlines and Legal Issues

If the other party did not give you all the legal papers s/he should have, you can ask the court not to give him/her the relief s/he is asking for. You should first write the other party or his/her lawyer a letter, listing the legal papers you believe you should have received but did not. If you get the papers late, or still do not get them, put your responses that you did not get all of papers as required. Attach a copy of your letter.

A. Figure Out How Much Time You Have To Respond

1. Deadline for Response to Petition

Find the form called a “Summons.” You should have gotten it with the Petition. It should say how many days you have to file and serve a Response after the date you got the papers, or look at the following deadlines.

IF you were personally served with the papers in Washington (someone not your spouse handed them to you, or handed them to a teenager or adult who lives with

Page 19: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 16

you), you have 20 DAYS from the date you got the papers to file and serve your Response.5

IF you were personally served outside Washington State, you have 60 DAYS from the date you got the papers to file and serve your Response.6

IF you were served by publication (a copy of the summons was published in the newspapers) in or outside of Washington, you have 60 DAYS from the first date the summons was published in the newspapers to file and serve your Response.7

IF you were served by certified mail in or outside of Washington, you have 90 days from the date you got the papers to file and serve your Response.8

2. The Deadline for Motions is Different

A. Responding to Motions other than a Motion for Default. If you were served with a Motion for Temporary Family Law Orders or an Immediate Restraining Order and Hearing Notice when you got served with the Petition, you will have much less time to file and serve a response to the motion than to file the Response to the petition. You may have only a few days (for emergency motions, maybe even less). You must find out the deadline for responding to the motion. Do not miss your hearing date. For non-emergency motions, the moving party must give you notice as many days before hearing as your county’s local rules require. For some counties, you must receive the papers for a motion at least five court days before the hearing, not including weekends or the date that the papers are given to you.9 In other cases, you must get longer notice. Make Sure You Got Enough Notice. If the notice does not state your deadline, immediately call the court clerk’s office or your family law facilitator, or check your local court rules, to find out the deadlines. In most counties, you must file and serve your response to a motion no later than one court day before the hearing on that motion. 10 In others, the response must be filed and served four or more days before the hearing. Our packet called Responding to Motions for Temporary Family Law Orders or Immediate Restraining Orders: Divorce Cases and Petition to Change Parenting Plan Cases has more information about how to file a response to a motion. More information about deadlines and responding is below.

B. Responding to a Motion for Default. If you are served with a Motion for Default, you must file and serve your declaration in response to the motion and your Response to the petition before the deadline on this motion, or else the court may grant all the moving party’s requests. If you are served with a Motion for Default and

5 Civil Rule (CR) 4(a)(2). 6 Revised Code of Washington (RCW) 4.28.180. 7 RCW 4.28.110. 8 CR 4(d)(4). 9 CR 6(d). 10 CR 6(d).

Page 20: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 17

have not yet appeared in the case, you may also need to get court permission to file and serve your Response.11

There is more information on dealing with deadlines, below.

If you do not respond on time, the judge may automatically give that party everything s/he asks for. Even if you file and serve a Response, if you do not go to a hearing, the court may give the other party what s/he has asked for at that hearing.

B. Jurisdiction

1. Does the court in Washington have jurisdiction over me (personal jurisdiction)?

The court in Washington may be able to grant a divorce and decide custody, even if you have never lived in Washington or had significant contacts with this state. However, if you have not lived here or had significant contacts with this state, Washington may lack personal jurisdiction over you. If so, the Washington Court may not be able to order you to do certain things, such as pay child support.12

If you think Washington may not have jurisdiction over you, you must challenge Washington’s jurisdiction before you file anything with the court. For help deciding whether Washington has jurisdiction over you, talk to a lawyer.

2. Does the court have jurisdiction to decide custody of my child/ren (subject matter jurisdiction)?

If another state or tribal court has already entered a custody order about your child/ren, or they have not lived in Washington for very long before the petition is filed, the Washington court may not have jurisdiction to decide custody. (Washington might still be able to end the marriage, divide property and debts, and decide other issues.) Whether Washington has jurisdiction to decide custody (subject matter jurisdiction) is determined by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), RCW Ch. 26.27.

If Washington lacks jurisdiction, the court here should not decide custody. For more information about the UCCJEA, talk with a lawyer. Our publication called Which Court Can Enter Custody Orders? Frequently Asked Questions and Answers about Jurisdiction has basic information.

3. What if I think the court lacks jurisdiction?

If you think the court in Washington does not have personal or subject matter jurisdiction, talk to a lawyer. If you are low-income, call CLEAR at 1-888-201-1014. In King County, call the King County Bar Association Neighborhood Legal Clinics program at (206) 267-7070 between 9:00 a.m. and noon, Monday – Thursday to ask for an appointment with a free family law clinic.

11 See CR 55(a)(2). This packet does not tell you how to request court permission. If you cannot file a formal motion for court permission before the hearing on the motion for default, at least prepare your Response and declaration, file and serve both, go to court for the default hearing, and ask the judge’s permission to take part at the hearing. 12 You may still establish a child support obligation through interstate procedures.

Page 21: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 18

If you think the court lacks personal jurisdiction, do not do anything that could give the court jurisdiction, such as signing agreed orders, requesting something from the court, filing papers that fail to raise your jurisdiction defense, or showing up at a hearing WITHOUT CONTESTING JURISDICTION AT THE START OF THE HEARING. If you do not tell the court you think it lacks personal jurisdiction right at the start, you will probably lose your chance to object.13 You can object to jurisdiction over your children (subject matter jurisdiction) at any time, but it is best to do so early.14

You may decide to file a motion to dismiss for lack of jurisdiction. See a lawyer for more information about motions to dismiss.

C. Filing Your Own Motions

You may need or want to file your own motions if, for example:

you believe the court lacks jurisdiction

you are on active duty in the military or the protected dependent of someone who is

you want immediate restraining orders or temporary family law orders, or a custody evaluation/appointment of a GAL

You might want to file any motions you want before the hearing on motions scheduled by another party. If you do that, you may be able to schedule your motions to be heard on the same day as the other party’s.

For help deciding whether to file a motion, talk with a lawyer. (See also the list of self-help publications in this packet for resources on temporary family law orders, immediate restraining orders, and GALs.)

D. Dealing with Deadlines

If you are in the military, or the dependent of someone in the military, you may have special legal rights. This packet does not describe those rights in detail. A later section of this packet has some very basic information. You should talk to a lawyer before filing any papers with the court, and well before your legal deadline to respond to the legal papers you received.

If you deny that the court has jurisdiction, make sure to contest jurisdiction before filing and serving your court forms. If that is not possible, at least contest jurisdiction at the beginning of your responses.

1. Meet your Deadlines

Review the deadlines you calculated. Make sure you file and serve papers before those deadlines. The deadline for responding to a motion is often shorter than the deadline

13 CR 12 (b),(g),(h). 14 CR 12(h)(3).

Page 22: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 19

to file a Response to the Petition. If hearings are coming up in your case, you must deliver working papers in advance for the judge, if your county requires this.15

Check with the court clerk or family law facilitator about the deadlines and the need for working papers. If you miss a deadline, file and serve your papers anyway, and go to the hearing. If the other party objects at the hearing, try asking for a continuance of the hearing so that the court will consider your papers.

2. If You Need More Time

To respond to the Petition: If you do not have your Response prepared, you must at least file and serve a Notice of Appearance and respond to motions that have been filed. If you file and serve a Notice of Appearance, or if you file and serve motions, or if you appear at hearings, Petitioner should give you notice before asking the court for an order of default against you. Then file your Response as soon as possible. If you are served with a Motion for Default, see the section “to respond to a Motion for Default.”

To respond to motions (other than a Motion for Default): Make sure you have filed and served a Notice of Appearance. Do not ignore a hearing, even if you got short notice! If you did not get legally adequate notice of the hearing on a motion, the court should not rule against you at the hearing. The court will not always know you got short notice. File a declaration in response to the motion explaining this, and explain it in person at the hearing. You can ask for a continuance (delay) of the hearing, but still be as ready as possible for the hearing in case the court denies your request for a continuance.

If you did get enough notice according to the rules but you simply do not have enough time to respond, you may still try to get a continuance. As soon as you know that you want a continuance, contact every other party if possible (or their lawyer, if they have one). You may call if there is not much time before the hearing, but contacting the person in writing (by email or fax) is best. State that you need more time to respond to the papers. Ask for a new date for the hearing. Depending on your reasons for asking, you could ask for a week or longer.

You must ask for a continuance before the hearing if you know you need one. If you do not, and you just show up for the hearing and ask there, the judge may order you to pay the other party for having to waste time coming to the hearing if you could have asked for a continuance in advance. This is especially true if another party has a lawyer. The other party will need to pay the lawyer for his/her time even if there is no hearing.

If the moving party agrees to the continuance, ask for a letter, fax, or e-mail stating that they have rescheduled the hearing. If you do not get written confirmation, assume the hearing is still taking place. Get ready for and go to it. In some counties, the court might need to approve any continuance.

If the other party will not agree to the continuance of the hearing, you have a few options:

a) Respond as best you can. Get ready for the hearing. Respond in some way, if possible. Say in your declaration, right off, that you want a continuance. If you did

15 We describe “working papers” in packets about upcoming hearings, such as the packet Responding to Motions for Temporary Family Law Orders or Immediate Restraining Orders in Divorce Cases

Page 23: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 20

not get enough notice, say that too. If you got enough notice, but you need more time, say that. Describe your efforts to get an agreement for the continuance. File and serve a Notice of Appearance if you have not already done this.

b) Make a Motion for Continuance. You may not have enough time to give the other parties the amount of notice required for a motion for continuance. You may need to get an Order Shortening Time (an order allowing you to bring your motion on less than the required time.) This packet does not cover this type of motion. Our publication called Family Law: Getting a Continuance of Your Hearing has more information.

c) Ask for a continuance at the hearing. Go to the hearing. When they call your case, stand up. State your name and that you would like a continuance. The judge may ask for your reasons, and may listen to the other party’s reasons why s/he objects. If you tried to get the other party to agree before the hearing, let the judge know that.

The court will not always allow a continuance. Be as ready as you can to have the hearing on the original date.

Responding to a Motion for Default. You may try to get a continuance of the hearing date as described above. If the court will not continue the hearing (postponed), you must:

a) file and serve your Response to the petition before the deadline to respond to the motion for default

b) file and serve your declaration in response to the motion before the deadline to respond to the motion for default

c) if the motion for default was filed before you appeared in the case, you may need court permission (called “leave of court”) to Respond. This packet does not help with that.

d) Go to the hearing, or make sure it has been cancelled.

If you do not do these things, the judge may enter a default judgment against you. Your declaration should request the judge to deny the motion, explain that you have now filed and served a Response to the Petition, and explain the late filing of your Response.

3. If you are already late in filing a Response to the Petition

If your deadline for filing your Response to the petition has passed, you might still be able to Respond to the Petition. Ask the court clerk if there is a Motion for Default, an Order of Default or final orders in your court file.

If the judge has not yet signed an order of default, you should immediately file and serve a Notice of Appearance (or file and serve your jurisdictional defenses). Then file your Response as soon as possible.

If you are served with a Motion for Default, or a Motion for Default has been filed with the court, filing a Notice of Appearance is not enough. See the information above, called “to respond to a motion for default.”

Page 24: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 21

If you learn from the clerk that the judge has already entered an order of default or final orders against you, you must act very quickly to ask the court to cancel those orders. See our packet called Filing a Motion to Vacate and get legal advice.

4. If the hearing on a motion has already happened

If you find out that a hearing on a motion already happened, or the court has already entered orders against you, for example on a motion for temporary family law orders, talk with a lawyer as soon as possible. If you cannot afford a lawyer and live outside of King County, contact CLEAR 1-888-201-1014. In King County, contact the King County Bar Association Neighborhood Legal Clinics program. You may be able to ask the court to vacate (cancel) the orders. Do so very quickly. The longer you wait, the harder it may be for you to vacate the orders.

Even if you missed the hearing on a motion, you can still file and serve a Response to the Petition unless an Order of Default has been entered against you. (See the additional caution above if a motion for default has been filed but you have not appeared in the case.)

General Instructions

These general instructions will apply to all the forms you fill out. The instructions cover all types of family law cases. You may not need some of the information in your case. A Sample form at the end of this section may help you understand these instructions better.

The caption. The caption includes the name of your case, the case number, the name of the court, the title of the court paper, and, sometimes, the type of case. It appears at the top of the first page of every form. Put the name of the county where the case was filed in the blank space where the form reads "Superior Court of Washington County of ."

Case name. Copy the case name for the petition. It is under the words “In re” on the top left side of page 1.

Case number. When Petitioner starts the case by filing the initial papers and paying the filing fee (or having the fee waived), the court clerk assigns a case number. All parties must put that case number on every paper they file with the court and serve on the other parties. Write the case number near the top on the right-hand section of the first page of every form after "No." (abbreviation for “number”)

You can print the case number OR you may be able to use a special stamp at

the court clerk’s counter to stamp the case number on each paper. You must

print or stamp the case number on the first page of every copy of every paper

you file with the court and on the copies you make for other parties. If you do

not, your papers may be lost, or the clerk may return them to you. Some

courts will fine you for filing incorrect forms.

Title. Each form has a title. It is directly under the case caption. Sometimes the full title is on the form. Sometimes you must add more information to finalize it. (Example: On a declaration, you put the name of the person filling out the declaration.)

Page 25: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 22

Format: Pleadings (legal forms) that you file with the court and attachments

to those pleadings must follow the court rules about size and margins (GR

14(a)). You must use regular size (8 ½ x 11”) white paper. You may write on

only one side of the paper. The first page of each paper that you file must

have a three-inch margin (three inches of space) at the top. The other

margins (left, right and bottom, and the top from the second page on) must

be at least one-inch wide. Use black or dark blue ink. If your forms do not

follow these rules, the court clerk may refuse to file them or may make you

pay a fine.

The contents. Fill out each form according to the instructions for that form. In most counties, you may print or type the information. It must be readable. You must use BLACK OR DARK BLUE INK. In a few counties, you must type everything. After filling out each form, re-read it. Make sure you have correctly filled in all blanks you need to. Any corrections must be neat and readable.

Do not write in the margins of any page. The clerk may reject your form.

Dates. On the last page of most forms (not including orders), there is a space for the person who filled the form out to write the date they signed it. The judge will put dates in orders when s/he signs the order.

Signatures.

Your Signature: After you fill out a form, look for the place(s) to sign your name:

Some forms have one signature line for “petitioner” or “respondent.” After you fill out a form such as the petition, sign at the place that applies to you. Look carefully. You may have to sign in more than one place. You may have to write the date and the place (city, state) you signed the form.

When you prepare and file motions, you are the moving party. On the last page of the motion, you must fill out Person asking for this order fills out below. When you prepare an order and plan to present it for the judge to sign, look for the place at the end for your signature. Check is presented by me.

Judge’s Signature: Leave the judge’s signature line and the date blank.

Other party’s signature: Some forms have a place for other parties to sign. You cannot force another party to sign a court paper. S/he can choose (not) to sign. If you have prepared an order after a hearing, the other party may be willing to sign it if s/he agrees it accurately states the judge’s decisions (or the judge may require the other party to sign), even if the party is not happy with the decision itself.

o Agreed orders. If the other party agrees with the orders you have written, s/he should sign in the right place on each court order s/he agrees to.

o May be signed by the court without notice to me. If you are the respondent or nonmoving party, or if you did not prepare the order, the other party may ask you to check this box and sign underneath. If you do, you are agreeing the

Page 26: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 23

judge should sign the order as written AND the other party can give the order to the judge to sign without letting you know when they are going to do it.

Other signatures: If someone else (a witness or the person serving papers) must sign a form, they must fill out all information correctly and sign in the right space.

Identifying Information. Court rules try to protect privacy but also allow for public access to some information in court files. The following three boxes discuss these rules: GR (General Rule) 15, GR 22 and GR 31.

Box #1 - Things to Not Put in Most Court Papers:

Court General Rules 22 & 31 try to protect privacy in family law cases. Almost all pleadings, orders and other papers filed with the court are available to the public. They may also be available to the public online. Except where instructions about a specific form tell you otherwise (example: the forms in Box #3), use these rules for papers you file with the court.

Address (Where you Live) and Phone Number: You must put an address where you can get mail from the court. (It does not have to be your home address.) You should also give the court a phone number where they can reach you.

Social Security/Driver’s License, ID Numbers of Adults and Children: If you put these in court papers, put only the last four digits, not the whole number.

Bank Account, Credit Card Numbers: Put the bank name, type of account (savings, checking, and so on), and only the last four digits of the account number.

Page 27: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 24

Box #2 - Private Information You Should File With Sealed Cover Sheets:

If you use a sealed cover sheet, this information is usually available to the other party and the court. It is not available to the public.

Financial Information: If you file paystubs, checks, loan applications, tax returns, credit card statements, check registers, W-2 forms, bank statements, or retirement plan orders, attach them to a Sealed Financial Source Documents form. Then the public cannot access them.

Medical or Mental Health Records or Information: If you file papers that have health or mental health information (information about someone’s past, present, or future physical or mental health, including insurance or payment records), you must attach the papers to a Sealed Personal Health Care Records form. Then the public cannot access them.

Confidential Reports: Reports intended for court use must have a public section and a private section. You should attach the private section of the report to a Sealed Confidential Reports Cover Sheet.

Retirement Plan Orders: Certain retirement information belongs in the public file. “Retirement Plan Orders” do not. Use the Sealed Financial Source Documents Cover Sheet for the Retirement Plan Order. See GR 22, or see a lawyer if this affects your case.

Other Kinds of Confidential or Embarrassing Information Not Mentioned Above. If the paper you want kept confidential is not in the above list, you may need to file a motion with the court to asking to have that paper, or part of it, sealed under General Rule (GR) 15. There is no packet for this. There are presently no mandatory forms for this type of motion. Talk to a lawyer.

Box #3 - When to Put Private Information in Court Forms:

These forms are not in the public file. Information in them is usually not available to the other party.

You must fill out your personal information completely (including your home address, social security number, and so on): Confidential Information Form, Vital Statistics Form, Domestic Violence Information Form, and Law Enforcement Information Sheet.

Page 28: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 25

Superior Court of Washington, County of

In re the marriage of:

Petitioner (person who started this case):

Jane Brown

And Respondent (other spouse):

John Brown

No. Notice of Hearing (NTHG)

Clerk’s action required: 1

Sample Form - Notice of Hearing

To the Court Clerk and all parties:

1. A court hearing has been scheduled:

for: May 15, 2016 at: 9:30 a.m. p.m. date time

at: 1234 Maple Street in 15 court’s address room or department

Judge Anne Smith docket / calendar or judge / commissioner’s name

2. The purpose of this hearing is (specify):Temporary Family Law Orders regarding a parenting plan and child support.

Warning! If you do not go to the hearing, the court may sign orders without hearing your side.

This hearing was requested by: Petitioner or his/her lawyer Respondent or his/her lawyer

Jane Brown Jane Brown 5/1/16 Person asking for this hearing signs here Print name (if lawyer, also list WSBA No.) Date

I agree to accept legal papers for this case at:

5252 A Street address

Treelane WA 98888 city state zip

(Optional) email: [email protected]

This does not have to be your home address. If this address changes before the case ends, you must notify all parties and the court clerk in writing. You may use the Notice of Address Change form (FL All Family 120). A party must also update his/her Confidential Information form (FL All Family 001) if this case involves parentage or child support.

This case type is for a divorce. Yours may be different.

Put the county where you are filing this form.

Put the case number. The court clerk assigns this number when the Petitioner files the case.

This is the form’s title.

Page 29: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 26

How to Fill Out Each Form

A. Response to Petition about a Marriage – FL Divorce 211

The “Response” is your chance to answer what your spouse says in his/her Petition for Divorce. Look at your spouse’s Petition when filling out the Response form.

Caption. Fill out the caption as shown in the General Instructions.

1. Your response. Read the instructions for this section.

Here are some tips:

1.4. Jurisdiction over the spouses. Jurisdiction gives the court authority to make decisions about you. If you have never lived in Washington, talk with a lawyer and read Ending Your Marriage in Washington with Children - The Basics or Ending Your Marriage in Washington without Children – The Basics to find out what the court may not be able to do in your divorce if Washington lacks jurisdiction over you.

1.5. Is one of the spouses pregnant? If one spouse is pregnant and you believe it is not the other spouse’s child, talk with a lawyer. You may also be able to ask your local prosecuting attorney’s family support section for help. Our publication Ending Your Marriage in Washington with Children - The Basics or Ending Your Marriage in Washington without Children – The Basics has more info. If one spouse is pregnant, the law presumes the other is the other parent. If that is not the case, there is a specific procedure and usually only a limited time for challenging this legal presumption. The following are not enough to reverse the legal presumption that the other spouse is the other parent:

Denying the spouse’s paternity in the divorce papers

Leaving the unborn child out of the parenting plan and child support orders

Naming someone else as the other parent in the divorce papers

If one spouse is pregnant and the other is not the other parent, talk with a

lawyer. The court should not stop you from getting divorced if you are

pregnant. The court may keep part of your case open until it can establish

paternity of your child. It can still end your marriage and complete most of

the parts of your divorce. You will not be able to enter a child support and

parenting plan for this child until his/her birth.

If one spouse is pregnant with the other’s child, you must fill out a Parenting

Plan for the child. When you are filling out the parenting plan, simply refer

to the "unborn child" in the Plan. The parenting plan is in our packet called

Parenting Plans.

1.7. Jurisdiction over the children. For more info on deciding whether Washington has jurisdiction over your children, talk with a lawyer. Ending Your Marriage in Washington with Children - The Basics or Ending Your Marriage in Washington without Children – The

Page 30: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 27

Basics and Which Court Can Enter Custody Orders: Frequently Asked Questions and Answers about Jurisdiction have basic info.

1.8. Parenting plan. If you and your spouse have children under 18, you must fill out and file a Parenting Plan and related forms. The forms and instructions are in our packet called Parenting Plans.

1.14. Debts. For more info about debts, talk to a lawyer or see Ending Your Marriage in Washington with Children - The Basics or Ending Your Marriage in Washington without Children – The Basics.

1.15. Spousal support. For more info to try to decide to ask for this (or if your spouse will get maintenance if s/he asks for it), talk with a lawyer , or read Ending Your Marriage in Washington with Children - The Basics or Ending Your Marriage in Washington without Children – The Basics.

2. Protection Order.

The law allows domestic violence survivors and victims of unlawful civil harassment to request a long-term Order for Protection as part of their Petition to Change Parenting Plan case. Protection orders can cover yourself and your children. The procedures for combining protection orders with family law cases can be confusing.

Requesting a protection order in your Petition to Change Parenting Plan does not give you any protection before your case is final. If you need an immediate protection order, you must complete the appropriate protection order forms, start a separate protection order case, and go to the hearings associated with that case. For info on requesting an immediate Order for Protection, call the WA State Domestic Violence Hotline at 1-800-562-6025.

The main benefit of combining protection orders with family law cases is that a judge in a family law case can enter an Order for Protection that restrains a person from contact with his/her minor children for more than one year.16 Orders for Protection issued outside a family law case can only restrain contact between a parent and his/her minor child for one year at a time. (Those orders can be renewed.)

Check no and skip to 3 if there is no protection order between you and the other party, and you do not need one.

Check the second box and follow the instructions if you want a protection order.

Check the third box if there is a protection order between you and the other party. Put the requested details. You must tell the court about any existing protection order, even if you do not want to change it.

16 RCW 26.50.060(2).

Page 31: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 28

If you attach a petition for a protection order to your Response, you

must have the Response and Petition for Protection Order personally served

on the other party, not by mail. The instructions for personal service and the

Proof of Personal Service form are in our Filing for Divorce packet.

3. Restraining order. Check no and skip to 4 if you do not want a restraining order. Check yes if you want a restraining order, and then check the boxes underneath and fill out blanks as needed showing what you want the restraining order to do. If you check Stay away, a common distance to put is 500 feet, the length of a football field. If you check Prohibit weapons and order surrender, you should check police chief or sheriff.

Follow the instructions in the box at the end of the section if you want a

restraining order now, instead of waiting until the end of the case.

4. Requests. Check all the boxes showing what you want. If you check change the respondent’s name to, put in the blank what you want your name to be after the divorce.

Respondent fills out below. Check the box if it applies and put the number of pages you are attaching. Check the box if it applies and put the number of pages you are attaching. Then put the place and date you are signing this response, and sign and print your name where indicated. Check the following address and put an address where you will reliably and quickly get mail.

If the mailing address you use in the Response or Notice of Appearance later

changes, you must fill out, file, and serve a Notice of Address Change, FL All

Family 112. Use the Proof of Mailing or Hand Delivery form and procedure to

show you have given notice. You must also complete and file with the clerk

(but not serve) an updated Confidential Information form.

B. Confidential Information Form and Attachment - FL All Family

001 & 002

In family law cases, you must give the court information about your address and phone number, your social security number, date of birth, driver’s license, and the name and address of your employer, as well as certain information about the other people involved in the case.17

Fill out this form. File it with the court clerk. Keep a copy for yourself. Do not serve the Confidential Information Form and Attachment on the other parties.

The Confidential Information Form is normally not available to the other parties or the other parties’ lawyers. The info in the form could go to DCS (Division of Child Support) and

17 RCW 26.23.050(5)(l) & (7); GR 22(g) & (h).

Page 32: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 29

other parts of DSHS (Washington State Department of Social and Health Services). They may release info in this form to another party. Another party could get access to this form by following certain court procedures.

When your address changes, you must update the court by filing a Notice of Address Change, even after your case is finalized. If you do not, legal papers may go to you at your old address. The court may enter orders against you without actual notice to you.18

1. Put your name. Put the county where the case is filed and the case number. If you have no case number yet, put the case number when the clerk gives it to you.

2. Check yes if restraining order protection orders are currently in place. In the blank, put who the orders protect. If the orders go into effect later, file a revised and updated form. Check no and skip to 3 if there is no current restraining order or protection order in place.

3. Check the first box if you believe the safety of an adult or child would be at risk by listing your home address. In the blank, explain why.

4. Your Information: In the first table, put the info requested about yourself, including your driver’s license number and social security number (if you have these). Skip the second table.

5. Other Party’s Information: In the first table, put as much of the info requested about the other party as you can. Skip the second table. Use the Attachment to Confidential Information if there is more than one respondent.

6. Children’s Information. Put as much of the info requested about the children as you can.

7. Have the children lived with anyone other than… Check no and skip to 8 if the children have only lived with Petitioner or Respondent in the past five years. Check yes if the children have lived with someone besides petitioner or respondent/s in the past five years. Put the info requested.

8. Do other children (not parents)… Check no and skip to 9 if only Petitioner and Respondent have custody or visitation rights. Check yes if other people besides Petitioner and Respondent have custody or visitation rights. Put as much the info requested about those people as you know.

9. If you are asking for custody and are not the parent… List any other adults living in your home. Use the Attachment if there are more than two other adults living in your home.

Sign and date the form and put the place you signed it.

18 RCW 26.23.055(2) & (3).

Page 33: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 30

C. Notice of Appearance – FL All Family 118

If you are in the military or the protected dependent of someone in the military, talk with a lawyer or the JAG office before filing and serving a Notice of Appearance, and before your deadline to Respond to the petition.

This form tells the court you are going to take part in the court case and want to get notice of what is happening.

Caption. Fill out the caption.

1. Put your name.

2. Read this.

3. Put your mailing address. If you are afraid to give the other parties your address, use an address where you will reliably and immediately learn about mail that arrives for you.

If the mailing address you use on the Notice of Appearance changes during this case, you must fill out and file a new Notice of Address Change, FL All Family 120.

4. You can list an additional address if you want.

Sign and date where indicated.

Before Filing Your Papers: If you and the other parent have children in common who are 18 or younger, or still depend on you for support, and you disagree with the other parent’s parenting plan or child support worksheets, you must fill out a parenting plan and child support worksheets. Get our packet called Parenting Plans and fill out those forms. Then, follow the directions below for filing and serving your papers.

Filing and Serving Your Papers

A. Getting Ready to File and Serve

After you have filled out forms, follow the steps in this section to file them with the court, serve them on the other parties, and prove you have made service.

Make sure you know who must be served or is a party to the case. Arrange to serve them.

Usually, Petitioner is the only other party. The caption should list other parties by name. If the child/ren have ever gotten public assistance (TANF) or Medicaid, or are in foster care or out-of-home placement, you must serve copies on the State of Washington. (Our packet called Serving Papers on the State has more information.) If the court has appointed a GAL, you must serve him/her, too.

Figure out how many copies of each form you will need. Make the copies.

The original of each form will be filed with the court clerk in the county where the case has been filed. Make copies as follows: (except, if you have prepared the Confidential

Page 34: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 31

Information Form and any Attachment and/or LEIS,19 make just make one copy, for yourself, of these three forms).

________ one copy of each form for yourself

________ one copy of each form for the other party

________ if there are other individual parties one copy of each form for each of these parties (1 x ___ number of other parties)

________ one for the State (if you are serving the State)

________ one for the GAL, if the court has appointed one

________ one copy as working papers, if your local court requires you to give the judge “working papers” before a hearing and if you have upcoming hearings.

________: total. This is how many copies to make of each document (except just make one copy, for yourself, of the Confidential Information Form and any Attachment and LEIS. These forms are not served on any other party).

Organize Your Papers.

Make a set of the papers for the court and for each party. Put all the original forms into the set for the court. Put the copy of the Confidential Information Form and any Attachment and LEIS (if you are using these forms) into your own set. Compare each set to the checklists in this packet to be sure you have what you need.

Put each of the other parties’ sets of papers in an envelope addressed to that party at the legal address they have provided.

Add your return address for legal mail. (For your return address, use the address on your Response or Notice of Appearance.)

B. Filing your papers in court

Take the originals and the copies to the superior court clerk’s office in the courthouse where the case has been filed. Give the clerk the original copies of your documents for filing. (The Confidential Information form and LEIS do not go in the public file.) If you have any proposed orders for upcoming hearings, ask the clerk what to do with the original proposed orders.

C. Serving the other parties

After filing your papers with the court, you must have them properly served on (delivered to) the other parties. Do not serve the Confidential Information form, any Attachment, or LEIS.

19 The Confidential Information Sheet and Attachment are in our basic Responding packets. They are filed with your first court papers and you must update them when information in them, such as your address, changes. The LEIS is not in this packet. Use it with restraining orders and Orders for Protection. Get it at the court clerk’s office.

Page 35: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 32

1. Make sure service is completed before the deadline for your response.

Service is required. The other parties have the right to know your response to the papers you have received.

The court does not serve the other parties for you. You must arrange for service and make sure your server delivers the papers properly.

After the Summons and Petition have been properly served, you can have most papers served on the other party by mail or hand delivery. We explain below.20 Carefully follow the rules about service.

After service is completed, file proof of service with the court, explained below.

2. Mail or deliver your papers to the other parties or their lawyers.

Since you are responding, your papers can be given to the other parties by either regular mail or by hand delivery. While the case is going on, if a party has given you an address for service of legal papers (examples: in the Summons form, a Notice of Appearance, or a Notice of Address Change), serve him/her at that address. If a party has a lawyer, have the papers delivered to the lawyer.

3. Service must be completed before your deadline.

Some county courts allow you to do your own service. Others do not. To be safe, do not deliver or mail the papers yourself. Ask an adult friend or relative to do it for you.

When your friend has mailed or delivered the papers to a party, have him/her fill out the Proof of Mailing or Hand Delivery the same day. Your server should fill out a separate form for each person s/he mails or delivers the papers to. You then file the original Proof of Mailing or Hand Delivery. Keep a conformed copy for your records.

Mailing. If your friend mails the papers, make sure s/he adds three days to the number of days’ notice required for your response. When counting, do not count the day of service (or mailing), weekends, or court holidays. Example: if a document is mailed on a Monday, it is considered served on Thursday. This is important when setting up or responding to hearings. There are deadlines by which papers must be served. If the third day is on a weekend or holiday, the document is not “served” until the next court day.

If a document is sent by regular first class mail, have an extra copy sent by certified mail, return receipt requested, for more proof of mailing. Staple the green return receipt card to the Proof of Mailing or Hand Delivery.

Hand delivery.

The papers may be delivered to the other party, instead of mailed. “Delivering” the papers to another party or his/her lawyer means one of these:

20 CR 5(b)(1)-(2).If you prefer, you may have a party personally served (using the same procedures as described in our Filing packets for serving the Summons and Petition), and have a Proof of Personal Service prepared and filed. This packet tells you if a form needs to be personally served.

Page 36: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 33

handing it to the lawyer or party

leaving it at his office with his/her clerk or other person in charge of the office21

if no one is in charge, leaving it in a place in the office where someone can easily find it (example: on top of the front desk)

If the office is closed or the person has no office, leaving it at his/her home with someone of suitable age and discretion living there22

4. Instructions for the Proof of Mailing or Hand Delivery - FL All Family 112

Make some blank copies of this form. You may need to fill it out and file it several times. Use this form to show that you have given copies of papers you file in court to the other parties. Use a separate form for each party to whom you had papers mailed or delivered.

Caption. Fill out the caption.

1. Have your server check the third box and put their name.

2. In the first blank, the server should put the date s/he served the papers. In the second blank, s/he should put who s/he served. Then s/he should check the box/es and fill out any blanks as needed to show how s/he served the other party.

3. List all documents you served: Your server must check the box for every form s/he sent/delivered to the other party. If you s/he leaves out a form, you will have no proof it was served.

I declare under penalty of perjury: Your server should sign and date the form, state the place signed (city and state), and print his/her name in the places indicated.

5. Filing the Proof of Mailing or Hand Delivery Forms

Make one copy of each completed Proof of Mailing or Hand Delivery. Do not give copies of this form to the other parties. If you mailed a copy of the forms by certified mail, and have a certified mail receipt back from the post office, attach the original receipt to the Proof of Mailing or Hand Delivery you file with the clerk. Make a copy for your records. If you used certified mail but do not have the green receipt back when filing the Proof of Mailing or Hand Delivery, file the receipt later, attached to a page labeled with your case caption.

21 Although CR 5(b)(1)-(2) appears to allow someone to be served at his/her office, and you can usually deliver papers to a lawyer or GAL at his/her office, we recommend that you NOT serve other parties at their offices, unless they have used that as their service address in a Notice of Appearance, Petition, or Notice of Address Change. 22 CR 5(b)(1). A person of suitable age and discretion means an adult (or at least older teenager) who does not have a mental impairment that would keep him/her from understanding that the legal papers should be given to the other party.

Page 37: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 34

What if I Agree with Everything in the Petition?

If you agree with everything that your spouse has asked for in the Petition and in any related papers such as the parenting plan and child support worksheets, you may want to complete the Agreement to Join Petition form in this packet.

If you do not agree with everything in the petition and related documents, but think you and your spouse could work out an agreement, do not sign the Agreement to Join Petition. Look at the section on agreed cases in our packet called Finalizing Your Divorce by Agreement (with children or without children). It has final divorce forms and some suggested resources for reaching agreement.

You do not ever have to sign an Agreement to Join Petition.

If you disagree with any requests in the petition or any related paper, or if

you agree with all the requests but want to be sure the court does not

approve final agreed papers until you sign them, do not sign the Agreement

to Join Petition.

Signing the Agreement to Join Petition form gives the other party permission

to enter final papers without your further approval or your signature on the

papers.

In most cases, we recommend that, even if you agree to everything requested, instead of signing the Agreement to Join Petition, ask to see and read the proposed final papers before the other party takes them to the judge. (The final papers may include, for example, Parenting Plan, Child Support Order, and so on) If the proposed final papers correctly show your agreement, sign them. That way you reduce the chance of misunderstanding and can be more confident the final papers accurately show your agreement.

If you agree with everything the other party asked for in the petition and in every related paper, and do not think you need to sign the final orders before they are presented to the judge, fill out the Agreement to Join Petition form in this packet. Signing the form can make it easier and quicker to finalize the case. It also has risks. Talk with a lawyer (NOT THE OTHER PARTY’S LAWYER) before signing an Agreement to Join Petition so you fully understand any legal rights you are giving up.

A. Agreement to Join Petition (Joinder) - FL All Family 119 (if you decide to use it)

Signing this form

Gives the other party permission to enter final papers without your further approval or signature on the final papers.

Tells the judge you agree that the judge can enter final orders as requested in the petition and related papers.

Page 38: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 35

Read the information above before deciding to sign this form.

Caption. Fill out the caption.

1. Put your name.

2. In the blank, put Petition for Divorce. Check the first box if you do not want notice of any future hearings or decisions. Check the second box if you want the other party to send you the notice of hearings to finalize your case. Checking this box does not mean Petitioner/requesting party must get your signature on the final papers. It just means you are asking him/her to send you notice. In the blank, put your address. If you do not give your home address, make sure you use a reliable mailing address where you will immediately learn of papers arriving for you. If you are sure you do not want the other party to give you notice before the court enters final orders, check the first box.

Other. Put other information here.

Signature. Sign and date where indicated.

B. How to file the Agreement to Join Petition form (if you signed it)

You must follow the same steps to file and serve it as described for filing your Response and other forms. Mail or deliver a copy of the Agreement to Join Petition to the other parties. Keep a copy for yourself.

If you are in the Military or the Dependent of Someone in the Military

If you are on active duty23 in the U.S. Armed Forces, or the dependent (usually the spouse or minor child of a Washington resident on active duty and a National Guard Member or Reservist, or someone receiving over half his/her support from that service member24) of someone who is, you have special protections under the Service Members’ Civil Relief Acts. These can include protection against being defaulted in some circumstances, the right to ask for a stay (delay) of a court case if the active military duty limits ability to participate in the case, and other rights.

23 The Service Members Civil Relief Act of March 4, 1918, as amended, 50 U.S.C. App., 501 et.seq. protects service members including: All members on Federal active duty, including regular members of the Armed Forces (Army, Navy, Air Force, Marine Corps and Coast Guard); Reserve, National Guard and Air National Guard personnel who have been activated and are on Federal active duty (whether as volunteers or as a result of involuntary activation); inductees serving with the armed forces; Public Health Service and National Oceanic and Atmospheric Administration Officers detailed for duty with the armed forces; persons who are training or studying under the supervision of the United States preliminary to induction; and National Guard and Air National Guard personnel on duty for training or other duty authorized by 32 U.S.C. §502(f) at the request of the President, for or in support of an operation during a war or national emergency declared by the President or Congress. U.S. Coast Guard Legal Assistance Service Members Civil Relief Act Guide at http://www.uscg.mil/legal/la/Legal_Assistance_SCRA_Guide.asp. For Washington State’s Service Members Civil Relief Act, see RCW 38.42.010 et seq. 24 RCW 38.42.010.

Page 39: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 36

Before doing anything else in this case, contact a lawyer or your JAG (Judge Advocate General) right away to get advice about how to protect your rights under the SCRA. Act quickly. Your time to respond is limited. Example: You got a Notice re: Dependent of a Person in Military Service. You must respond to it within 20 days. To find your JAG, go to the U.S. Armed Forces Legal Assistance website: http://legalassistance.law.af.mil/content/locator.php. Your JAG will know military law. You may also need to consult a Washington lawyer about your family law issues.

Use the form called a Waiver of Rights under the Service Members Civil Relief Act to give up the rights under these laws. Instructions are below, if you decide to use this form.

Use the form called Notice re Military Dependent if you qualify under the law as a military dependent to notify the court and Petitioner that you are the dependent. Instructions for this form are also below

A. Waiver of Rights under Servicemembers Civil Relief Act (Non Mandatory Form)

You do not have to fill out this form. If you are concerned that you will not be able to take part in the case because of military duties, or you are thinking about signing the waiver form, see a lawyer or the JAG office. If you sign the waiver form, you are giving up protections under this law.

1. Instructions for filling out the Waiver form, if you choose to sign it

Caption. Fill out the Caption.

In the first blank, write your full name.

If you decide to sign this form, fill out the rest of it with the date you were served with the Summons and Petition, the service member’s name, rank, serial number and unit. If you sign this form, do so in front of a notary public.

Finding a Notary: Often, your local bank has a notary. If you have a bank

account there, the bank will sometimes provide the notary service free. You

can also search the web to find notary public listings.

2. Filing the Waiver form

If you sign this form, give the form to petitioner to file, or you can file it with the court clerk’s office. Keep a conformed copy for yourself. Give the other parties a copy.

B. Notice of Military Dependent (Non Mandatory Form)

If you have not yet appeared in the case, and

you get a form called Notice Re Military Dependent - FL All Family 103 , and

Page 40: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 37

you are a qualified dependent of a military service member (see definition in the Notice re Military Dependent) and

the service member is in the National Guard or a military reserve component under a call to active duty service for 30 days in a row or more, and

you want the court and Petitioner to know about your status to keep them from assuming you are not a military dependent, then

you may file and serve a Notice of Military Dependent form.

You must notify the court and the other party of your dependent status

within twenty days of getting the Notice re Military Dependent. If you do not,

the court may presume you are not a dependent of someone in the military.

It may enter an order of default against you.

If you are the dependent of someone in the military, talk to a lawyer about

whether you are entitled to the protections of the law concerning military service members’ dependents

if so, whether you should file a Notice of Appearance and a Response to the Petition and other documents in this packet

You may use the form in this packet or create your own form or letter to give notice that you are a military dependent.

1. How to fill out the form

Caption. Fill out the Caption.

Check the box explaining why you are a dependent of a service member.

Put the name of the service member you are the dependent of. Put the other information about the service member that the form requires.

Signature. Date the form. Sign where it says Signature of Party. Print or type your name on the line below. Show the place signed. (Example: Yakima, Washington.)

Service Address. Put your mailing address. If you are afraid to give your address, use an address at which you will reliably, immediately learn about mail that arrives for you.

2. File and serve the form.

File your original form with the court clerk’s office. Keep a conformed copy for your records. Serve the other the other parties with a copy. You must file and serve notice of your military dependent status within 20 days after you receive the Notice re Military Dependent. Complete and file a Proof of Mailing or Hand Delivery. (See the general instructions for the Proof of Mailing or Hand Delivery.)

Page 41: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 38

If you and another party do not agree, get ready to go to trial

If

you file a Response contesting the petition AND

the court does not dismiss the case for another reason AND

you reach no agreement about final orders

Then both Petitioner(s) and Respondent(s) must get ready for trial.

You must follow the court’s rules about trial preparation. Some counties have a case schedule or other notice that tells you some of the things to do to get ready for trial. Talk with your family law facilitator for more information about those deadlines. If you do not have a case schedule, do not wait until the last minute to get ready for trial. Start weeks, if not months, before. Find out about how your trial is scheduled. Sometimes a case schedule or the court announces the trial date. Sometimes you must ask for a trial date.

If child custody or visitation is an issue in your case and your case has a GAL or other custody evaluator, you should get a report from him/her before the trial.

If you have a trial, each party will have the chance to tell the judge why the judge should rule in that party’s favor. Each party will be required to present the judge with evidence (examples: admissible documents or testimony) to prove that party’s claims.

We have no packet about how to get ready for trial. We have some other

publications that may help. Examples: see our publications called

Subpoenaing Witnesses and Documents and Getting Ready for a Court

Hearing or Trial. Talk to a lawyer about how to get ready for trial in your

case.

At the end of your trial, the judge will announce a decision and give reasons for it. The case is not finalized until the judge signs final papers: Findings and Conclusions about a Marriage, a Final Divorce Order, and maybe other papers. Where there are dependent children, the final papers will include a parenting plan and a Child Support Order and Worksheets, if the court has jurisdiction to decide these things. The judge will usually ask one of the parties, or his/her lawyer, to draw up the final papers for the judge to approve.

Those papers will be presented to the judge at a “presentation” hearing. Sometimes the judge at the end of the trial will tell the parties the date of the presentation hearing. If the judge does not set a date, then the person who draws up the final papers must give the other parties notice of the time and place of this hearing. The person who prepares the paper must give the other parties copies of the papers s/he wants the judge to sign. The final papers must say exactly what the judge ordered – not what that party wanted. Any party who does not think the proposed final papers say what the judge ordered can come to the hearing and explain the objection. In some counties, the person who disagrees must

Page 42: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 39

prepare and provide final papers that s/he believes more accurately show the judge’s decision.

After the judge signs the final papers, the party who prepared them must ensure the other party gets a copy of the papers with the judge’s signature. If the final papers include a restraining order, and the person to be restrained was not in court and did not sign the order, the protected party must have a certified copy of the order personally served on the restrained party. The protected party must also, in some cases, arrange for service of a protection order entered as part of a divorce. Look at the service item in the protection order to be sure.

If you must have an order with safety restraints personally served, or service of a protection order entered in the divorce, you must have a Proof of Personal Service prepared, filed with the clerk of court, and a copy delivered to the law enforcement agency the order names. (The personal service procedure and the Proof of Personal Service form are in the packet Filing for Divorce. More details are in our packets Finalizing Your Divorce by Agreement (with children) or (without children).

Where there is no safety restraining order in the final papers, and where the protected party does not have to serve a protection order, conformed copies of the final papers can be provided by mail, using the Proof of Mailing or Hand Delivery procedure above.

If another party has prepared final papers after trial and asks you to sign them, read each paper carefully. Make sure it accurately states what the judge decided at your trial. If you believe any paper does not show the judge’s decision correctly, or if you are unsure, insist that the other party set a “presentation” hearing and give you notice of that hearing. Go to the presentation hearing and explain why you believe the language in the final papers does not show the judge’s decision. You might have to prepare your own proposed final papers.

Checklists of Forms and Documents

Use the following lists of documents as checklist when you prepare your Divorce responses. You will need other papers at the end of your case.

List A: Use these forms to respond to the petition:

Notice of Appearance (in this packet)

Response (In this packet)

Confidential Information Form & Attachment (In this packet) (Do not serve this form on the other party)

Locally required forms

List B: Use these forms if you have children of the marriage. They are in the Parenting Plans packet.

Proposed Parenting Plan

Residential Time Summary Report

Page 43: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 40

List C: Use these forms if you have children of the marriage. They are in the Child Support Orders for Divorce Cases and Petition to Change Parenting Plan Cases

Child Support Worksheets

Financial Declaration

Sealed Financial Source Documents Coversheet, plus required proof of income (examples of proof of income are listed in the Child Support Orders for Divorce Cases and Petition to Change Parenting Plan Cases packet)

List D: Use these forms if a party requests financial relief such as maintenance, attorney fees, or payment of a GAL fee.

Financial Declaration (found in the Child Support Orders for Divorce Cases and Petition to Change Parenting Plan Cases packet)

Sealed Financial Source Documents Coversheet with Required proof of income

Proof of the expenses you claim (example: bills from your lawyer)

List E: If you want a protection order (for protection from domestic violence or civil harassment) as part of this case, you need the right Petition for Order for Protection. Get the forms from the court clerk or go to a domestic violence advocacy program for help. Call 1-800-562-6025 for more information.

List F: Use this form to prove service on the other parties of your Response and other papers:

Proof of Mailing or Hand Delivery

List G: If you file any confidential reports, financial records, or health care records during your case, use one or more of the following forms:

Sealed Personal Health Care Records (Cover Sheet)

Sealed Confidential Report (Cover Sheet)

Sealed Financial Source Documents (Cover Sheet)

List H: If you are a military service member or the dependent of a service member, you MAY also need the following forms:

Waiver of Rights under the Service Members’ Civil Relief Act

Notice by Military Dependent

List I: If you and the other party agree about everything in the Petition, see our packets on Finalizing Your Divorce by Agreement (with children or without children).

List J: If you file or respond to motions for temporary family law orders or immediate restraining orders, use forms from our packets on these motions: Filing for Temporary Family Law Orders: Divorce Cases and Petition to Change Parenting Plan Cases or Responding to Motions for Temporary Family Law Orders or Immediate Restraining Orders: Divorce Cases and Petition to Change Parenting Plan Cases.

Page 44: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN | August 2017

Responding to a Divorce | Page - 41

List K: If your case goes to trial, you may need other papers not covered here.

Blank Forms

The rest of this packet has blank forms for your use. Make a copy of each form so that you have an extra in case your first draft needs lots of changes. You may need forms from other packets. You may not need all the forms in this packet.

The Washington Administrative Office of the Courts also has Microsoft Word and PDF versions of many of these forms available on their web site at http://www.courts.wa.gov/forms/.

Page 45: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

RCW 26.09.030 Mandatory Form (07/2017) FL Divorce 211

Response to Petition about a Marriage

p. 1 of 5

Superior Court of Washington, County of

In re the marriage of:

Petitioner (person who started this case):

And Respondent (other spouse):

No.

Response to Petition about a Marriage

(RSP)

Response to Petition about a Marriage

Use this form to respond to a Petition for Divorce, Petition for Legal Separation, or Petition to Invalidate (Annul) Marriage.

1. Your response

Look at each section of the Petition. Check below to say if you agree or disagree with what the other party said in each section, or say if you don’t know because you don’t have enough information. (If you disagree with any part of a section, check “I disagree.”) List your reasons for disagreeing on page 2.

Section in the Petition Your response (check one)

1. Information about the parties I agree

I disagree

I don’t know

2. Information about the marriage I agree

I disagree

I don’t know

3. Request… I agree

I disagree

I don’t know

4. Jurisdiction over the spouses I agree

I disagree

I don’t know

5. Is one of the spouses pregnant? I agree

I disagree

I don’t know

6. Children of the marriage I agree

I disagree

I don’t know

Page 46: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

RCW 26.09.030 Mandatory Form (07/2017) FL Divorce 211

Response to Petition about a Marriage

p. 2 of 5

Section in the Petition Your response (check one)

6.a. Children’s home/s I agree

I disagree

I don’t know

6.b. Other people with a legal right to spend time with a

child

I agree

I disagree

I don’t know

6.c. Other court cases involving a child I agree

I disagree

I don’t know

7. Jurisdiction over the children I agree

I disagree

I don’t know

8. Parenting Plan I agree

I disagree

I don’t know

9. Child Support I agree

I disagree

I don’t know

10. Children from other relationships I agree

I disagree

I don’t know

11. Written Agreements I agree

I disagree

I don’t know

12. Real Property (land or home) I agree

I disagree

I don’t know

13. Personal Property (possessions, assets or business

interests of any kind)

I agree

I disagree

I don’t know

14. Debts I agree

I disagree

I don’t know

15. Spousal Support (maintenance/alimony) I agree

I disagree

I don’t know

16. Fees and Costs I agree

I disagree

I don’t know

17. Protection Order I agree

I disagree

I don’t know

18. Restraining Order I agree

I disagree

I don’t know

19. Name Change I agree

I disagree

I don’t know

20. Other requests, if any I agree

I disagree

I don’t know

If you checked “Disagree” for any of the sections, list your reasons here:

Section #: Reasons:

Section #: Reasons:

Page 47: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

RCW 26.09.030 Mandatory Form (07/2017) FL Divorce 211

Response to Petition about a Marriage

p. 3 of 5

Section #: Reasons:

Section #: Reasons:

Section #: Reasons:

Section #: Reasons:

Section #: Reasons:

Section #: Reasons:

Section #: Reasons:

Section #: Reasons:

(If you need more space, you may add more pages to this Response. Number, date and sign each page that you add.)

2. Protection Order

Do you want the court to issue an Order for Protection as part of the final orders in this case?

No. (Skip to 3.)

Yes. (You must file a Petition for Order for Protection, form DV-1.015 for domestic violence, or form UHST-02.0200 for harassment. You may file your Petition for Order for Protection using the same case number assigned to this case.)

Page 48: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

RCW 26.09.030 Mandatory Form (07/2017) FL Divorce 211

Response to Petition about a Marriage

p. 4 of 5

Important! If you need protection now, ask the court clerk about getting a Temporary Order for Protection.

There already is an Order for Protection between my spouse and me. (Describe):

Court that issued the order:

Case number:

Expiration date:

3. Restraining Order

Do you want the court to issue a Restraining Order as part of the final orders in this case?

No. (Skip to 4.)

Yes. Check the type of orders you want:

Do not disturb – Order the Petitioner not to disturb my peace or the peace of any child listed in the Petition.

Stay away – Order the Petitioner not to go onto the grounds of or enter my home, workplace, or school, and the daycare or school of any child listed in Petition

Also, not knowingly to go or stay within feet of my home, workplace, or school, or the daycare or school of any child listed in Petition.

Do not hurt or threaten – Order the Petitioner:

Not to assault, harass, stalk or molest me or any child listed in the Petition; and

Not to use, try to use, or threaten to use physical force against me or the children that would reasonably be expected to cause bodily injury.

Warning! If the court makes this order, the court must consider if weapons restrictions are required by state law; federal law may also prohibit the Restrained Person from possessing firearms or ammunition.

Prohibit weapons and order surrender – Order the Petitioner:

Not to possess or obtain any firearms, other dangerous weapons, or concealed pistol license until the Order ends, and

To surrender any firearms, other dangerous weapons, and any concealed pistol license that he/she possesses to (check one): the police chief or sheriff. his/her lawyer. other person (name): .

Other restraining orders:

Important! If you want a restraining order now, you must file a Motion for Temporary Family Law Order and Restraining Order (FL Divorce 223) or a Motion for Immediate Restraining Order (Ex Parte) (FL Divorce 221).

4. Requests

I ask the court to approve the following order about my marriage (check one):

Final Divorce Order (Dissolution Decree) Invalid Marriage Order (Annulment Decree)

Final Legal Separation Order Valid Marriage Order (Decree)

Page 49: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

RCW 26.09.030 Mandatory Form (07/2017) FL Divorce 211

Response to Petition about a Marriage

p. 5 of 5

I also ask the court to (check all that apply):

approve Respondent’s proposed Parenting Plan

approve a Child Support Order, according to the Washington State Child Support Schedule

approve the separation contract.

divide the property and debts as requested above (or fairly and equitably if no specific request is made).

order reasonable spousal support as requested above (or fairly and equitably if no specific request is made).

order payment of lawyer fees, other professional fees, and costs for this case.

change the Respondent’s name to: first middle last

approve an Order for Protection

approve a Restraining Order

Other (specify):

Respondent fills out below:

I declare under penalty of perjury under the laws of the state of Washington that the facts I have provided on this form (including any attachments) are true.

I have attached (number): _____ pages.

Signed at (city and state): Date:

Respondent signs here Print name

I agree to accept legal papers for this case at (check one):

my lawyer’s address, listed below.

the following address (this does not have to be your home address):

street address or PO box city state zip

(Optional) email:

(If this address changes before the case ends, you must notify all parties and the court clerk in writing. You may use the Notice of Address Change form (FL All Family 120).)

Important! You must fill out and file a Confidential Information form (FL All Family 001) with the court clerk.

Lawyer (if any) fills out below:

Lawyer signs here Print name and WSBA No. Date

Lawyer’s address city state zip

Email (if applicable):

Page 50: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

RCW 26.23.050; 26.50.160; GR 22 Mandatory Form (05/2016) FL All Family 001

Confidential Information

p. 1 of 2

Confidential Information (CIF)

Clerk: Do not file in a public access file

Superior Court of Washington, County:

Case No.:

Important! Only court staff and some state agencies may see this form. The other party and his/her lawyer may not see this form unless a court order allows it. State agencies may disclose the information in this form according to their own rules.

1. Who is completing this form? (Name):

2. Is there a current restraining or protection order involving the parties or children? Yes No

If Yes, who does the order protect? (Name/s):

3. Does your address information need to be confidential to protect your or your children’s health, safety, or liberty? (Check one): Yes No

If Yes, explain why?

4. Your Information

Full name (first, middle, last):

Date of birth (MM/DD/YYYY):

Sex: M F

Driver’s license/Identicard (#, state):

Race:

Relationship to children in this case:

Mailing address (This address will not be kept private.) (street address or PO box, city, state zip):

If your case is only about a protection order, the information below is not required. Skip to 5.

Home address (check one): same as mailing address listed below (street, city, state, zip):

Phone: Email: Social Sec. #:

Employer’s name: Employer’s phone:

Employer’s address:

5. Other Party’s Information – This person is a (check one): Petitioner Respondent

Full name (first, middle, last):

Date of birth (MM/DD/YYYY):

Sex: M F

Driver’s license/Identicard (#, state):

Race:

Relationship to children in this case:

Mailing address (This address will not be kept private.) (street address or PO box, city, state zip):

If your case is only about a protection order, the information below is not required. Skip to 6.

Home address (check one): same as mailing address listed below (street, city, state, zip):

Phone: Email: Social Sec. #:

Employer’s name: Employer’s phone:

Employer’s address:

Page 51: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

RCW 26.23.050; 26.50.160; GR 22 Mandatory Form (05/2016) FL All Family 001

Confidential Information

p. 2 of 2

Skip sections 6 – 9 if your case does not involve children. Sign at the end.

6. Children’s Information (You do not have to fill out the children’s Social Security numbers if your

case is only about a protection order.)

Child’s full name (first, middle, last)

Date of birth (MM/DD/YYYY)

Race Sex Soc. Sec. #

Current location: lives with

1. M

F

Petitioner Respondent

other:

2. M F

Petitioner Respondent

other:

3. M F

Petitioner Respondent

other:

4. M F

Petitioner Respondent

other:

5. M F

Petitioner Respondent

other:

6. M F

Petitioner Respondent

other:

7. Have the children lived with anyone other than Petitioner or Respondent during the last five years? (Check one): No Yes If Yes, fill out below:

Children lived with (name) That person’s current address

1.

2.

8. Do other people (not parents) have custody or visitation rights to the children? (Check one): No Yes If Yes, fill out below:

Person with rights (name) That person’s current address

1.

2.

9. If you are asking for custody and are not the parent, list all other adults living in your home:

1. (Name): Date of birth (MM/DD/YYYY):

2. (Name): Date of birth (MM/DD/YYYY):

I declare under penalty of perjury under Washington State law that the information on this form about me is true. The information about the other party is the best information I have or is unavailable because (explain):

Check here if you need more space to list other Petitioners, Respondents, or children. Put that information on the Attachment to Confidential Information, form FL All Family 002, and attach it to this form.

Signed at (city and state): Date:

Petitioner/Respondent signs here Print name here

Page 52: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

RCW 26.23.050 Mandatory Form (05/2016) FL All Family 002

Attachment to Confidential Information (Additional Parties or Children)

p. 1 of 1

Attachment to Confidential Information (Additional Parties or Children) (AT)

Clerk: Do not file in a public access file

County:

Case No.:

Use this form if there are more parties or children in your case than you can list on the Confidential Information form.

1. Other Party’s Information (if any) – This person is a (check one): Petitioner Respondent

Full name (first, middle, last):

Date of birth (MM/DD/YYYY):

Sex: M F

Driver’s license/Identicard (#, state):

Race:

Relationship to children in this case:

Mailing address (This address will not be kept private.) (street address or PO box, city, state zip):

If your case is only about a protection order, the information below is not required. Skip to 2.

Home address (check one): same as mailing address listed below (street, city, state, zip):

Phone: Email: Social Sec. #:

Employer’s name: Employer’s phone:

Employer’s address:

2. Other Party’s Information (if any) – This person is a (check one): Petitioner Respondent

Full name (first, middle, last):

Date of birth (MM/DD/YYYY):

Sex: M F

Driver’s license/Identicard (#, state):

Race:

Relationship to children in this case:

Mailing address (This address will not be kept private.) (street address or PO box, city, state zip):

If your case is only about a protection order, the information below is not required. Skip to 3.

Home address (check one): same as mailing address listed below (street, city, state, zip):

Phone: Email: Social Sec. #:

Employer’s name: Employer’s phone:

Employer’s address:

3. Other Children’s Information (if any) (You do not have to fill out the children’s Social Security numbers if your case is only about a protection order.)

Child’s full name (first, middle, last)

Date of birth (MM/DD/YYYY)

Race Sex Soc. Sec. # Current location: lives with

7. M

F

Petitioner Respondent

other:

8. M F

Petitioner Respondent

other:

Page 53: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

Mandatory Form (05/2016) FL All Family 118

Notice of Appearance (for a party without a lawyer)

p. 1 of 1

Superior Court of Washington, County of

In re:

Petitioner/s (person/s who started this case):

And Respondent/s (other party/parties):

No.

Notice of Appearance (for a party without a lawyer)

(APPS)

Notice of Appearance

(for a party without a lawyer)

1. My name is: .

2. I am filing this notice to appear in this case. I must be notified of any court hearings and

receive copies of any papers filed in this case.

3. I agree to accept legal papers for this case at the following address

(this does not have to be your home address):

street address or PO box city state zip

4. (Optional) I also agree to accept legal papers for this case at the following email address:

.

Sign here Date

If this address changes before the case ends, you must notify all parties and the court clerk in writing. You may use the form Notice of Address Change (FL All Family 120). You must also update your Confidential Information form (FL All Family 001) if this case involves parentage or child support.

Page 54: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

CR 5(b) Optional Form (05/2016) FL All Family 112

Proof of Mailing or Hand Delivery

p. 1 of 2

Superior Court of Washington, County of

In re the marriage of:

Petitioner (person who started this case):

And Respondent (other spouse):

No.

Proof of Mailing or Hand Delivery (for documents after Summons and Petition) (AFSR)

Proof of Mailing or Hand Delivery

(for documents after Summons and Petition)

Warning! Do not use this form to prove you mailed or delivered a Summons, Petition, Order to Go to Court, or any kind of Restraining Order. For those documents, use Proof of Personal Service (FL All Family 101), or if you have court permission to serve by mail, use Proof of Service by Mail (FL All Family 107).

I declare:

1. I am (check one): the Petitioner the Respondent (name): and am competent to be a witness in this case.

2. On (date): , I served copies of the documents listed in 3 below to

(name of party or lawyer served): by:

mail (check all that apply): first class certified other

mailing address city state zip

email to (address): (only if allowed by agreement, order, or your county’s Local Court Rule)

fax to (number): (only if allowed by agreement, order, or your county’s Local Court Rule)

Hand delivery at (time): a.m. p.m. to this address:

street address city state zip

Page 55: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

CR 5(b) Optional Form (05/2016) FL All Family 112

Proof of Mailing or Hand Delivery

p. 2 of 2

I left the documents (check one):

with the party or lawyer named above.

at his/her office with the clerk or other person in charge.

at his/her office in a conspicuous place because no one was in charge.

with (name): , at the address listed in court documents where the party agreed to receive legal papers for this case.

(For a party or lawyer who has no office or whose office is closed) at his/her home with (name): , a person of suitable age and discretion who lives in the same home.

3. List all documents you served (check all that apply): (The most common documents are listed below. Check only those documents that were served. Use the “Other” boxes to write in the title of each document you served that is not already listed.)

Notice of Hearing Notice Re Military Dependent

Motion for Temporary Family Law Order and Restraining Order

Sealed Financial Documents

Proposed Temporary Family Law Order Financial Declaration

Proposed Parenting Plan Declaration of:

Proposed Child Support Order Declaration of:

Proposed Child Support Worksheets Declaration of:

Other:

Other:

Other:

Other:

Other:

Other:

4. Other:

I declare under penalty of perjury under the laws of the state of Washington that the statements on this form are true.

Signed at (city and state): Date:

Signature of server Print or type name of server

Page 56: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

Mandatory Form (05/2016) FL All Family 119

Agreement to Join Petition (Joinder) p. 1 of 1

Superior Court of Washington, County of

In re:

Petitioner/s (person/s who started this case):

And Respondent/s (other party/parties):

No.

Agreement to Join Petition (Joinder)

(JN)

Agreement to Join Petition (Joinder)

1. My name is: .

2. I have read and I agree to join the Petition filed by the other side:

(title of Petition): .

I understand that if I fill out and sign below, the court may approve the requests listed in the Petition unless I file and serve a Response before the court signs final orders. (Check one):

I do not need to be notified about the court’s hearings or decisions in this case.

I ask the other side to notify me about any hearings in this case. (List an address where you agree to accept legal documents. This may be a lawyer’s address or any other address.)

address city state zip

(Optional) email:

If this address changes before the case ends, you must notify all parties and the court in writing. You may use the Notice of Address Change form (FL All Family 120). You must also update your Confidential Information form (FL All Family 001) if this case involves parentage or child support.

3. Other (if any):

Sign here Print name Date

Page 57: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

Waiver of Rights Under the SCRA Page 1 of 2

Superior Court of Washington, County of

In re the marriage of:

Petitioner (person who started this case):

And Respondent (other spouse):

No. Waiver Of Rights Under Servicemembers Civil Relief Act And Admission Of Service

My name is . I am the respondent/nonrequesting party in the

above-entitled action. The petitioner/requesting party has requested a divorce. I am a member or

the dependent of a member of the United States military and I am informed of my rights under the

Servicemembers Civil Relief Act of March 4, 1918, as amended and the Military Servicemembers

Civil Relief Act, RCW Ch. 38.42. I waive my rights under the Servicemembers Civil Relief Act and

the Military Servicemembers Civil Relief Act, RCW Ch. 38.42 and I request the court to determine

whether to grant the relief requested by the petitioner/requesting party.

Page 58: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

Waiver of Rights Under the SCRA Page 2 of 2

I received a copy of the Summons and Petition for Divorce and Proposed Parenting Plan

and Proposed Order of Child Support (if applicable) and other documents listed in the Return of

Service or Acceptance of Service in this matter on .

Name of Service member:

Rank:

Serial No.:

Unit:

Signed at ___________________________________, on _____________________________. [Place] [Date] ____________________________________ Signature of Nonrequesting Party ____________________________________ Print or Type Name

Signed and sworn to before me on (date): .

Signature of notary

Print name of notary

I am a notary public in and for the state of:

My commission expires:

(county):

(Print seal above.) (state):

Page 59: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

Notice of Military Dependent p. 1 of 2

Superior Court of Washington, County of

In re the marriage of:

Petitioner (person who started this case):

And Respondent (other spouse):

No. ________________________

Notice of Military Dependent

(No Mandatory Form Developed)

I declare under penalty of perjury under the laws of the State of Washington that I am the

dependent of a member of the National Guard or a military reserve component under a call to active

service for a period of more than thirty consecutive days. I am filing this Notice to inform the court that I

believe I am entitled to protections under the Servicemembers Civil Relief Acts and that I do not waive

those protections.

I am:

[ ] the servicemember’s spouse

[ ] the servicemember’s minor child

Page 60: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

Notice of Military Dependent p. 2 of 2

[ ] an individual for whom the servicemember provided more than one-half of my support for

the last 180 days.

I am the dependent of the following servicemember:

Name of Servicemember:

Rank:

Serial No.:

Unit:

Signed at _____________, ________________ (city and state) on _____________ (date).

Signature

Print or Type Name

Page 61: Responding to a Divorce - WashingtonLawHelp.org if I do not think Washington has jurisdiction over my children?.....2 D. What if I agree with the divorce?.....2 E. What if I am in

3203EN RESPONDING TO A DIVORCE - EVALUATION FORM (8/2017) Your comments are appreciated and will help to make this packet more useful to others.

Please take a moment to complete this form and return it to: LeeAnn Friedman

Northwest Justice Project 500 W. 8th, Suite 275

Vancouver, WA 98660 Or email to [email protected]

1. Where did you get this packet?

CLEAR washingtonlawhelp.org Court Clerk or Facilitator

Other:

2. What is your primary language?

3. Are you low-income? yes no

4. What is the last grade you finished in school?

5. Did you read the instructions? yes no

6. Did you need the help of an agency, court facilitator, or advocate to complete your

case? yes no

If yes, what agency or individual helped you?

7. Did you find anything hard to understand? yes no

If yes, please tell us what.

8. Did you find any mistakes? yes no

Describe mistakes. Include the page #.

9. Additional Comments [use back if you need to]:

10. Today’s Date: