Legal Question in Family Law in Washington

Divorce by default

I have filed for divorce, served my husband in prison out-of-state, waited 90 days+ and now want to proceed with dissolution of marriage by default. I don;t know what step is next. I have filled out the packet for divorce by default. What next- do I have to file those papers or get on the motion docket/default calendar? Please help, I really need this to be finalized soon. There are no children, no bills, no property involved. He has been incarcerated our entire marraige. He is not protesting anything though he is also not willing to sign any papers to help me, either. I'm doing this on my own and would appreciate any advise. Thanks!


Asked on 1/19/08, 8:22 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Divorce by default

You need to have proof that you had him served and that he failed to respond in any way. If he responded at ALL write the finals - the findings and conclusions and the decree and the note for the uncontested docket. Set it up for a month out. Mail him a copy. Then you should be able to present formal proof having provided adequate notice to him.

Hope this helps. Elizabeth Powell

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Answered on 1/19/08, 10:19 pm


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