How to Serve Family Law Papers in Washington

Who can serve the papers

Service of the summons and other process, except by publication, is made by the sheriff of the county where service happens or a deputy, or by any person over 18 years of age who is competent to be a witness in the case, other than a party (CR 4(c)). You cannot serve the other parent yourself, but a friend or relative over 18 who is not a party, a professional process server, or the sheriff can. The summons and the petition are served together (CR 4(d)(1)).

Personal service

Personal service follows RCW 4.28.080 (CR 4(d)(2)). Its general provision, which covers serving an individual parent, is delivery to the person personally, or leaving a copy at the person’s house of usual abode with some person of suitable age and discretion then living there (RCW 4.28.080(14)).

Personal service may also be made on a party outside Washington, and an out-of-state summons requires the party to appear and answer within 60 days (RCW 4.28.180). The statewide family law summons forms give 20 days to respond after service in Washington and 60 days if served outside Washington State or in a jail, detention, or prison facility.

Proving service

• If someone other than the sheriff serves, proof of service is the server’s affidavit (CR 4(g)(2)), which can be made on the Proof of Personal Service (FL All Family 101) (revised 06/2020), an optional form.
• The other party can instead sign a written acceptance of service (CR 4(g)(5)), using the mandatory Service Accepted (FL All Family 117) (revised 07/2017).
• The proof must state the time, place, and manner of service. Failing to file proof does not make otherwise valid service invalid (CR 4(g)(7)).

When you cannot find the other parent

Service by mail with a court order. In circumstances that would justify service by publication, the court may order service by mail if you file an affidavit with facts showing that mail is just as likely to give actual notice. Two copies are mailed to the last known address or another address the court approves, one by ordinary first class mail and one by a form of mail requiring a signed receipt, and the summons gives the other party 90 days from mailing to respond (CR 4(d)(4)). The statewide forms start with the Motion to Serve by Mail (FL All Family 104) (revised 07/2022).

Service by publication. Publication is allowed in an action to establish or modify a parenting plan or residential schedule, or for divorce, legal separation, or invalidity in the cases prescribed by law, when the other party cannot be found in the state and the required affidavit is filed (RCW 4.28.100(4)). The summons is published in a newspaper of general circulation in the county once a week for six consecutive weeks, and it requires the other party to respond within 60 days from the first publication (RCW 4.28.110). The statewide forms include the Motion to Serve by Publication (FL All Family 108) (revised 07/2021).

Serving papers after the summons

Later papers, such as motions, declarations, and notices, are served on each party. If a party has a lawyer, service is made on the lawyer unless the court orders service on the party directly (CR 5(a) and (b)(1)). Service can be made by delivering a copy or by mailing it to the last known address. Mail service is complete on the third day after mailing, or the next day that is not a Saturday, Sunday, or legal holiday if the third day falls on one (CR 5(b)(2)(A)). The statewide Proof of Mailing or Hand Delivery (FL All Family 112) (revised 01/2022) is an optional way to prove it.

The family law summons forms say a party may be served by email only if that party listed an email address for service or otherwise agreed in writing.

Special service rules

• Relocation notices are given by personal service or any form of mail requiring a return receipt (RCW 26.09.440(1)(a)), and an objection is served the same way (RCW 26.09.480(1)).
• Child support modifications. If the modification is the first action filed in Washington, service must be personal. If the order being modified was entered in Washington, service is by personal service or any form of mail requiring a return receipt (RCW 26.09.175(2)(a)).
• Divorce papers that were served but not filed. In a chapter 26.09 case, the respondent can make a written demand that the petitioner file. If the petitioner does not file within 14 days after the demand is served, the service is void (CR 4.1(a)).

Primary sources

Laws, rules and forms change. Check the current version at the source before you file.

• CR 4, process
• CR 4.1, process in domestic relations actions
• CR 5, service of later papers
• RCW 4.28.080, how summons is served
• RCW 4.28.100, service by publication
• RCW 4.28.110, manner of publication
• RCW 4.28.180, personal service out of state
• RCW 26.09.175, service of support modification
• RCW 26.09.440, relocation notice delivery
• Proof of Personal Service, FL All Family 101
• Service Accepted, FL All Family 117
• Motion to Serve by Mail, FL All Family 104
• Motion to Serve by Publication, FL All Family 108
• Proof of Mailing or Hand Delivery, FL All Family 112