Default Judgments in Family Law

Default Judgments in Washington:

In Washington divorce law, a default judgment occurs when one spouse/party files a family law matter, but the other spouse/party fails to respond or participate in the legal proceedings within the specified time frame. Here’s how it typically works:

1. Filing for Divorce/other family law matter: One spouse/party (the petitioner) initiates the divorce process by filing a petition for divorce with the court. The petition outlines the grounds for divorce and any requests for child custody, child support, spousal support, and division of assets and debts. If you believe you as the petitioner will default the other party, it is best to be specific as possible in the petition.
2. Service of Process: The petitioner must properly serve the divorce papers to the other spouse (the respondent) according to the rules of service in Washington State. This ensures that the respondent is officially notified of the divorce proceedings. If a spouse/party cannot be found, there are exceptions for service by mail.
3. Response Period: After being served with the divorce papers, the respondent has a certain period of time to file a response with the court. In Washington, the response period is typically 20 days from the date of service if served within the state or 60 days if served out of state.
4. Failure to Respond: If the respondent fails to file a response within the specified time frame, they are considered to be in default.
5. Default Judgment: After the response period has expired and if the respondent has not filed a response, the petitioner may motion for a default judgment from the court. This request is most often honored after 90 days have passed even if the matter is not a divorce. A default judgment grants the relief requested in the petition, such as granting the divorce, establishing custody and support arrangements, and dividing marital property and debts, without the need for a hearing.
6. Notice of Default: Before the court issues a default judgment, the petitioner must usually provide notice to the respondent of their intent to seek a default judgment. This gives the respondent one last opportunity to respond before the court makes a final decision.
7. Court Approval: If the court determines that all legal requirements have been met and that the default is appropriate, it may issue a default judgment based on the petitioner’s requests.

It’s important to note that default judgments are generally disfavored by the courts because they deprive the defaulting party of the opportunity to participate in the legal process. However, they may be necessary in cases where the respondent is unwilling or unable to participate. If a default judgment is entered against them, the respondent may have options to challenge or set aside the judgment under certain circumstances, such as if they can demonstrate excusable neglect or mistake.