Serve the other party in a family law case

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.

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.

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.

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.

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

Much like finding someone to do personal service for you, you must have someone mail the paperwork for you. That person must mail 2 copies of the papers to the other party: One by regular mail, and one by certified mail, return receipt requested.

Read Service by Certified Mail or Publication to learn more.

You also need court permission before you can try to serve this way. This method of serving costs the most. And it may be the least likely to reach the other party. You should ask permission to serve the other party by publication only as a last resort if you cannot get a court order to serve by mail. Read Service by Certified Mail or Publication to learn more.

You must make an honest, reasonable search. Follow up on any information you get that may help you find them.

• Try calling possible phone numbers for them.
• Ask the Postal Service for a forwarding address from the last known address you have.
• Call every friend, roommate, and relative of the opposing party you know. Ask about an address.
• If the other party pays child support through DCS, and you are trying to change child support or your parenting plan, do a DCS address release request. Download the form at bit.ly/3rs9oji, or in Spanish at bit.ly/3e4E2vU. Or use our packet File a Petition to Modify Your Child Support Court Order. It may take 30 days or more to get the other party's address this way.
• Check resources online that help find people's addresses.
• Talk to the other party's present or former employers, unions, or co-workers to try to get a home address or a place of work.

Find detailed instructions for your type of family law case and a Proof of Personal Service form at WashingtonLawHelp.org under the Family Law topic area. Look for the do-it-yourself packet for your type of case.

There is also a Proof of Personal Service form here. Your server must fill out this form. You must then file it with the court. Keep a copy for your records.

You can ask court permission to serve the other party or parties by mail or publication. Use our Service by Certified Mail or Publication packet.

As the case goes on, you must continue to give the other party copies of most documents you file with the court. Often, you can do this service by mail or hand delivery. Instructions and forms for these types of service are in our Temporary Family Law Orders packets.