Legal Question in Family Law in Washington

Dismissal of Divorce in Washington

After 9 years of marriage, 2 kids, my husband being in a horrible accident, nursing him back to health for the past 3 years, he beat me up and was sent to alcohol recovedry while under a judge ordered no contact order. He met another women and is now with her. Hasn't paid bills in months and wants a divorce. I filed, the police were supposed to serve him, they didn't, so I had my cousin give him copies of the papers. He hasn't responded it's been almost 3 weeks. Now I need to dismiss it so I can refi the house, or I'm going to loose it. I can't afford our payment as it is and don't want to move the kids right now. How do I dismiss the divorce when he won't sign the motion for dismissal? He wants visitation, but I don't trust him at this point, what do I do. He agreed to the refi, but says he won't sign the dismissal. Was he legally served? I filed July 11; my cousin gave hime the papers Aug 10; still no response... and I never filed the return of service. Please help... no money for bills let alone an attorney, but he says he has one.


Asked on 8/30/07, 1:28 am

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Dismissal of Divorce in Washington

This is a bad time to try to qualify for a re-fi (I bet you noticed that).

If he hasn't responded in any way, you can essentially tell the court that you are dismissing pursuant to CR 41(b). That is your right - so long as he hasn't responded in any way (and you should do this today). Petitioners ALWAYS have the right to voluntarily dismiss. Go read CR 41 at courts.wa.gov. You don't need anybody's permission or signature other than your own.

The pleading you file should say "NOTICE OF DISMISSAL" and you can look in the law library under Washington practice for the language you need.

There is a family law center at both courthouses in King County where you can get some guidance. The King County Bar also has a family law program you can look up on line at kcba.org. If you cannot afford a lawyer you have some other alternatives.

Hope this helps. Elizabeth Powell

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Answered on 8/30/07, 11:04 am


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