Serve the other party in a family law case

Blank forms to print and fill out on your own, with how-to instructions for completing and filing. When filing your case, make sure a copy of the petition, summons, and other papers you are filing are delivered to the person you are filing the case against "the other party" in a legally correct way. #3201EN

Contents

Frequently Asked Questions (FAQ)

Do I have to serve the other party?

Yes. When you first start (when you file) a family law case in court, you must have a copy of your petition, summons, and other papers you are filing delivered to the person you are filing the case against ("the other party"). We call this having the other party "served" or "service of process."

The other party has a legal right to receive a copy of the papers you file. The judge will not make any decisions in your case until you can show proof that the other party got copies of your court papers.

Is this the only time during the case that I must serve the other party?

No, but you can have the papers delivered to the other party in a different way as the case goes on. We explain more below.

How do I have the other party served at the start of the case?

There are 3 different ways:

  1. By hand delivery (called "personal service")
  2. By mail
  3. By publication of a legal ad in a newspaper

In Washington State, you must always try to have the other party personally served at the start of the case. If you absolutely cannot have them served this way, you can ask court permission to serve them by mail or publication.

What is personal service?

Someone age 18 or older besides you must hand deliver the papers to the other party, or to someone old enough living at their home. The person who delivers the papers is your "server."

You do not need court permission for personal service.

Personal service is usually the cheapest way to get the other party served.

Keep track of everything you do to try to get the other party personally served. You may be unsuccessful. At that point, you need court permission to serve by mail or publication.

Who can do personal service?

You can get a friend to do this, or you can pay a server.