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PlotinusLaw
PlotinusLaw, Family Law Attorney
Category: Family Law
Satisfied Customers: 738
Experience:  14 years of practice in all aspects of family law.
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If I get my husband served divorce papers, what if he wont

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If I get my husband served divorce papers, what if he won't sign? That has been our problem in the past with just me asking him to sign...so, I'm going the served route, however, still wondering if he will sign or not.
Submitted: 7 years ago.
Category: Family Law
Expert:  PlotinusLaw replied 7 years ago.
Hello and thank you for your question. I want to make sure I understand your question correctly so I can give you the best possible answer. I am going to need to know if you plan on using a process server or serving him through the mail?
Customer: replied 7 years ago.
Definitely would be in person. Not sure if a process server or someone we know...
Expert:  PlotinusLaw replied 7 years ago.
Okay thank you for the additional information. I am going to check the statute(s) for your state now. Please be patient, this might take a few minutes.
Expert:  PlotinusLaw replied 7 years ago.
Thank you for your patience. According to at the Washington rules of civil procedure, your husband's signature is not required in order for you to perfect service on him with a complaint for divorce.

If he is personally served, either by a third person or a process server, you will have that person sign a document called "proof of service" indicating the date and time that they physically handed the documents to your husband. The proof of service is then filed with the Circuit Court. No signature required from the defendant.

According to the Washington rule of civil procedure 4, there are several types of service. Here is a citation of that rule for your review:RULE 4 PROCESS
SUPERIOR COURT CIVIL RULES
2. COMMENCEMENT OF ACTION

In addition to a process server, you also have the option of having the sheriff serve him. If he avoids personal service, you may file a motion for alternative service by publication, which means that you would publish notice of the case in a paper that is local to his residence.


You are also going to want to look at the following;

RULE 5 SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
SUPERIOR COURT CIVIL RULES
2. COMMENCEMENT OF ACTION

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RULE 5 SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS




I hope this answers your question and that you have found this information helpful. If there is something that I have not explain clearly, please do not hesitate to ask a follow-up question. Also, please remember to click on the "accept" button so that I may receive credit for this answer as well as any comments or feedback you may have. I wish you the best of luck in pursuing your case.
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