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Rule 4.1.Process — Domestic relations actions

Group 2: Commencement of Action · Last amended September 1, 1989 · Last verified July 13, 2026

In one sentenceRule 4.1 adapts Rule 4's summons-and-service procedure to domestic relations actions under RCW 26.09, such as dissolution of marriage, providing a dedicated summons form, a 20-day response deadline, and a 90-day floor before a default decree can be entered.

Full Text of Rule 4.1

Text sizeJump to: (a) (b)

(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
______________________
______________________ ,WA ______________________
(city)(zip)

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.

Source & verification. Rule text and amendment history are reproduced verbatim from the Washington Superior Court Civil Rules, adopted by the Supreme Court of Washington. Last verified July 13, 2026. · Official source
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