RULE 4.1 PROCESS--DOMESTIC RELATIONS ACTIONS (a) Summons--General. Actions authorized by RCW 26.09 shall be commenced by filing a petition or by service of a copy of a summons together with a copy of the petition on respondent as provided in rule 4. Upon written demand by the respondent, the petitioner shall pay the filing fee and file the summons and petition within 14 days after service of the demand or the service shall be void. No summons is necessary if both spouses sign a joint petition or if the respondent files a written joinder in the proceeding. (b) Summons--Content, Form. (1) Content. The summons shall contain the title of the action, the name of the county and the court in which the action is brought, the names of the parties, as petitioner and respondent, a direction to the respondent to serve a copy of his or her response on the person who has signed the summons, the time limit within which the copy of the response must be served, notice that failure to serve a copy of the response within the stated time may result in a judgment by default, the signature and address of the petitioner or petitioner's attorney, and the date. (2) Form. The summons for personal service in the state in an action for dissolution of marriage shall be substantially in the form below. The summons for personal service in the state in any other action authorized by RCW 26.09 should be adapted from this form. The summons for personal service out of state should be adapted from this form and must include the modifications required by statute. See RCW 4.28.180. SUPERIOR COURT OF WASHINGTON FOR (_______________) COUNTY In the Matter of the ) Marriage of ) No. ______ _______________, ) Petitioner, ) and ) _______________, ) SUMMONS FOR Respondent. ) DISSOLUTION OF MARRIAGE TO THE RESPONDENT: The petitioner has started an action in the above court requesting that your marriage be dissolved. Additional requests, if any, are stated in the petition, a copy of which is attached to this summons. You must respond to this summons and petition by serving a copy of your written response on the person signing this summons. If you do not serve your written response within 20 days after the date this summons was served on you, exclusive of the day of service, the court may enter an order of default against you, and at the end of 90 days after service and filing, the court may, without further notice to you, enter a decree dissolving your marriage and approving or providing for other relief requested in the petition. If you serve a notice of appearance on the undersigned person, you are entitled to notice before an order of default or a decree may be entered. You may demand that the petitioner file this action with the court. If you do so, the demand must be in writing and must be served upon the person signing this summons. Within 14 days after you serve the demand, the petitioner must file this action with the court, or the service on you of this summons and petition will be void. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time. One method of serving a copy of your response on the petitioner is to send it by certified mail with return receipt requested. This summons is issued pursuant to rule 4.1 of the Superior Court Civil Rules of the State of Washington. Dated ________________________ (signed) __________________________ ___________________________________ Print or Type Name SERVE A COPY OF YOUR RESPONSE ON: ( ) Petitioner ( ) Petitioner's Attorney ________________________________________ Address ________________________________________ ________________________________________ (city) (zip)
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