Service.

  • A new case cannot start unless the opposing party has been properly served. “Service” means having someone 18 or older and of sound mind deliver all initial pleadings to the respondent. If you are the petitioner, you cannot serve the respondent yourself. You can use a professional process server, or you can have a friend or family member serve the opposing party. You can ask the Judge about different ways to serve someone if you cannot serve them personally. RCW 4.28.080, CR 4
  • The summons and petition must be served together. The summons and petition must be completely filled out with the correct information, and signed by the Petitioner. Use the standard court forms available on the Washington Courts Website for the summons and petition (see QR code below for link). CR 4
  • Whoever serves the opposing party must fill out and sign a declaration of service (proof of service). The signed declaration of service must be filed with the Clerk’s office. CR 4(g), RCW 4.28.080 (FL All Family 101).

Motions. 

If you want the Court to consider a motion that you have filed, or consider your response to a motion filed by the other party, the following timelines for filing documents apply:

  1. The moving party must file and serve on the opposing party a copy of the motion, along with any supporting documents, declarations and/or attachments, no less than 21 days prior to the hearing.
  2. The opposing party must file and serve a response no less than 11 days prior to the hearing.
  3. The moving party may file and serve a reply to the response no less than 5 days prior to the hearing. The reply is limited to addressing issues raised by the opposing party in the response. No new issues can be brought up in a reply brief that were not already brought up in the original motion.

The moving party is limited to 25 pages for their motion and attachments. The responding party is limited to 20 pages for their response and any attachments. Some documents do not count towards this page limit, and you can ask for permission to exceed the page limit in certain circumstances. For more information on the page limits, see the Local Domestic Court Rules, available here:

Benton & Franklin County Superior Court Local Domestic Rules:   Local Rules and Required Forms 

All State mandated Family Law forms can be found on Washington Courts Website:   Washington State Courts - Court Forms

[Updated September 1, 2024]