Rule 4.1.Process — Domestic relations actions
Group 2: Commencement of Action · Last amended September 1, 1989 · Last verified July 13, 2026
Full Text of Rule 4.1
Amendment History
Adopted July 1, 1978, effective Sept. 1, 1978; amended, adopted May 7, 1980, effective July 1, 1980; amended, adopted June 12, 1989, effective Sept. 1, 1989.
Plain-English Summary
Family law cases under RCW 26.09 — dissolution of marriage and related actions — start much like any other civil case: by filing a petition or by serving the respondent with a summons and a copy of the petition, following Rule 4’s service methods. Rule 4.1 exists because these cases need summons language suited to a respondent who is often a self-represented spouse rather than a represented commercial defendant.
As with an ordinary civil action, a respondent can serve the petitioner with a written demand that the case be filed with the court, and the petitioner then has 14 days to file or the earlier service becomes void. No summons is needed at all when both spouses sign a joint petition or when the respondent files a written joinder in the proceeding — recognizing that many dissolution cases proceed without a real dispute over whether the case should go forward.
The rule prescribes a summons form specific to dissolution proceedings. It gives the respondent 20 days to serve a written response, warns that the court may enter an order of default for failing to respond in time, and tells the respondent that the earliest a decree dissolving the marriage can be entered is 90 days after service and filing, even without any response at all. That 90-day floor reflects a built-in waiting period for dissolution actions, distinct from the ordinary default-judgment timeline in other civil cases.
Frequently Asked Questions
How is a dissolution of marriage case started in Washington?
By filing a petition with the court or by serving the respondent with a copy of a summons together with the petition, following the service methods in Rule 4.
Do both spouses need to be served with a summons in a dissolution case?
No. Rule 4.1 states that no summons is necessary if both spouses sign a joint petition or if the respondent files a written joinder in the proceeding.
How long does a respondent have to answer a dissolution petition?
Twenty days after service of the summons, exclusive of the day of service, according to the prescribed summons form.
How soon can a dissolution decree be entered if the respondent never answers?
Not before 90 days after service and filing, per the summons form set out in Rule 4.1, even where the respondent has not served any response.
What if the respondent wants the petitioner to file the case with the court?
The respondent may serve a written demand, and the petitioner then has 14 days after service of the demand to file the summons and petition or the service becomes void — the same structure as Rule 3.
Is service handled differently in a dissolution case than in other civil cases?
Service still follows the methods set out in Rule 4; Rule 4.1 mainly supplies a summons form and content requirements tailored to actions under RCW 26.09.