dismissing your petition for divorce or to end domestic ... · pdf filedismissing your...
TRANSCRIPT
3219EN – Rev. 5/2016
Dismissing Your Petition for Divorce or to End Domestic Partnership
Instructions and Forms
May 2016
3219EN – Rev. 5/2016
Table of Contents
Section 1: Introduction and Important Information ....................................... 1
A. Who can use this packet? ................................................................................. 1
B. The other party filed the petition. What if I do not want the divorce? ................. 2
C. What in this packet? .......................................................................................... 2
D. If you file the petition and then do nothing ........................................................ 2
Section 2: How to Dismiss Your Petition ..................................................... 2
Section 3: Instructions for the Motion for Dismissal and Order on Motion for Dismissal Forms ......................................................................................... 3
A. How to Fill Out the Motion for Dismissal – FL All Family 163 ............................ 3
B. How to Fill Out the Order on Motion for Dismissal – FL All Family 164 ............. 3
Section 4: Asking a Judge to Sign Your Order after All Other Parties Have Signed the Forms ....................................................................................... 4
Section 5: Scheduling a Hearing if the Other Party (or any other party) has not signed the Order on Motion for Dismissal ............................................. 5
A. Forms You will Need ......................................................................................... 5
B. Scheduling a Hearing ........................................................................................ 5
C. Filling out the Notice of Hearing Form – FL All Family 185 ............................... 6
D. Filing and Serving Your Motion ......................................................................... 6
E. Proof of Mailing or Hand Delivery - FL All Family 112 ....................................... 7
F. Getting Ready for Your Hearing ........................................................................ 9
G. Going to the Hearing ....................................................................................... 10
H. Getting Copies of the Order. ........................................................................... 11
Section 6: Blank Forms ............................................................................. 12
This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice. This information is current as of May 2016.
© 2016 Northwest Justice Project — 1-888-201-1014.
(Permission for copying and distribution granted to the Washington State Alliance for Equal Justice and to individuals for non-commercial purposes only.)
3219EN – Rev. 5/2016
Dismissing Your Divorce or Petition to End Domestic Partnership | Page - 1
Section 1: Introduction and Important Information
A. Who can use this packet?
This packet can help you dismiss a petition for divorce or petition to end domestic partnership that you filed, if you change your mind and no longer want the court to end your marriage or domestic partnership, divide your property and debts, and order a parenting plan and support for any children of your marriage or domestic partnership. Not everyone who wants to dismiss their case can use this packet.
State law about marriage and divorce also applies to marriages between same-sex couples. The Legal Voice’s publication called Marriage for Same-Sex Couples in Washington has more information. See www.legalvoice.org.
Before you start, decide which of these fits your case:
• If the other party has not filed or served a Response to the Petition, and signs the dismissal forms in this packet, use this packet. (See Sections 2, 3 and 4.)
• If the other party has not filed or served a Response, but does not sign the dismissal forms in this packet, you can use this packet, if you also schedule a hearing on a Motion to Dismiss, give the other party notice, and ask the court at hearing to dismiss your case. (Use Sections 2, 3 and 4.) If the other party will not sign the papers because s/he still wants the divorce or to end the domestic partnership, talk with a lawyer before filing any motion to dismiss.
• If the other party has filed or served a Response AND signs the dismissal forms and agrees to drop the case, use this packet. (See Sections 2, 3 and 4.)
• If the other party has filed or served a Response and will not sign papers agreeing to the dismissal of the petition, do not use this packet to dismiss your case. Talk with a lawyer.
• If you are the respondent and the other party has filed the petition, do not use this packet. (See the question and answer below.)
There may be other parties to your case, such as the State of Washington. Any instructions we give about the other party also apply to the other parties. Example: if you schedule a hearing, you must give all the other parties in your case notice the same way you give notice the other party notice.
A signed Order on Motion for Dismissal will cancel your divorce. You will stay married.
3219EN – Rev. 5/2016
Dismissing Your Divorce or Petition to End Domestic Partnership | Page - 2
Any temporary family law orders you have will end when the judge signs an order dismissing your case. Example: You got a temporary family law order stating the children would live with you. If you get the divorce, each spouse would again have equal rights to have the children in his/her care. Talk with a lawyer with questions about whether to dismiss your divorce.
This packet uses footnotes. They tell you the law or court case supporting the footnoted statement, or give special tips, links to websites, or other information. Use the legal references in the footnotes to look up the law at your local law library, or to tell the court when you are trying to make a legal argument. CR is the Civil Rules of Washington. GR stands for General Rules. RCW stands for Revised Code of Washington, the law of Washington State. Court cases have names, such as In re Custody of Child. The references to the law are up to date as of the date we published this packet. The law sometimes changes before we can update the packet.
B. The other party filed the petition. What if I do not want the divorce?
In Washington, only one spouse or partner needs to be willing to complete the process. If you have been served with a Petition for Divorce or Petition to End Domestic Partnership, get the appropriate packet called Responding to a Divorce Petition or Responding to a Petition to End Domestic Partnership, and our publication called Ending Your Marriage or Domestic Partnership in Washington with Children or Ending Your Marriage or Domestic Partnership in Washington without Children.
C. What in this packet?
This packet has instructions, sample forms, and blank forms. Read the instructions below to decide which forms you need:
• Motion for Dismissal – FL All Family 163
• Order on Motion for Dismissal – FL All Family 164
• Notice of Hearing – FL All Family 185
• Proof of Mailing or Hand Delivery – FL All Family 112
D. If you file the petition and then do nothing
If you do not want to go through with your case after all, but do not file a motion to dismiss, nothing may happen in your case for a while. The court will not do anything on its own with your case if neither you nor your spouse/partner requests it to do something. After
3219EN – Rev. 5/2016
Dismissing Your Divorce or Petition to End Domestic Partnership | Page - 2
several months or a year has passed without any court papers being filed, the court clerk might automatically dismiss the case.
Do not let your case sit around in the court. In counties that have a case schedule, the court may fine you for doing nothing and not obeying the case scheduling order’s deadlines. If your spouse/partner decides to go through with the case, the court may grant your spouse/partner everything s/he asks for, and enter a default order against you if you do not take part or miss deadlines. You should file a motion to dismiss if you decide you do not want the divorce or petition to end domestic partnership.
Section 2: How to Dismiss Your Petition
1. Fill out the Motion and Order on Motion for Dismissal Forms. See Section 3.
2. Ask your spouse/partner to sign the dismissal forms.
• If your spouse/partner (and all other parties) signs the Motion and Order dismissal forms in Section 3, follow Section 4’s instructions to ask a judge or commissioner to sign your order.
• If your spouse/partner (or any other party) does not sign the dismissal forms, use the forms above, plus the Notice of Hearing (or any local form scheduling a hearing), and the Proof of Mailing or Hand Delivery. Fill out the Notice of Hearing, Motion, and Order forms. Then follow the Section 5’s instructions to
o schedule a hearing
o give the court, the other party, and any other parties proper notice of the hearing
o prove that notice of the hearing has been given
o confirm your hearing and deliver working papers (if required in your county)
o go to the hearing to ask the judge to dismiss your case
3. Give the other party a copy of the court’s order.
3219EN – Rev. 5/2016
Dismissing Your Divorce or Petition to End Domestic Partnership | Page - 3
Section 3: Instructions for the Motion for Dismissal and Order on Motion for Dismissal Forms
A. How to Fill Out the Motion for Dismissal – FL All Family 163
The caption is the name of your case. It appears at the top of the first page of every court form. You should fill out the caption to look exactly like the Petition you originally filed.
1. Check Petitioner.
2. Put "Petition for Divorce" or "Petition to End Domestic Partnership” (depending which type of relationship you are in).
3. Put the reasons you want to dismiss the Petition in the blank provided. Example: "The parties have reconciled."
4. Check the box that applies.
Person making this motion fills out below: In the first blank, put the place you are signing this form. In the second blank, put the date you are signing. Sign where indicated and then print or type your name in the blank to that.
Other party fills out below if…: Have the Respondent fill this out if s/he agrees to.
B. How to Fill Out the Order on Motion for Dismissal – FL All Family 164
Caption: Fill out the caption.
1. Check Petitioner.
2. Check the same box that you did in section 4 of your Motion.
3. The judge may put something here.
4. Check Approved.
Ordered: LEAVE THIS FOR THE JUDGE.
Petitioner and Respondent or their lawyers fill out below.
There are two columns of boxes to check, one column for each party. You should check is presented by me. You should sign and print your name and the date where it says to.
3219EN – Rev. 5/2016
Dismissing Your Divorce or Petition to End Domestic Partnership | Page - 4
Section 4: Asking a Judge to Sign Your Order after All Other Parties Have Signed the Forms
When you have filled out the Motion and Order, and all other parties have signed the dismissal forms, a party must go to court to ask a judge1 to sign the order. This is an ex parte motion. You do not need to notify the other party before going to court. The other party does not need to be there.
If the other party or any other party has not signed the dismissal forms, skip this section. Go to Section 5.
1. Call the Superior Court Clerk's office. Ask when a judge will be available to sign an agreed ex parte Order on Motion for Dismissal of Divorce or Petition to End Domestic Partnership.
2. Make two copies of the completed Motion for Dismissal and Order on Motion for Dismissal. Take the originals and the copies to the courthouse.
3. Go to the courthouse at the time and to the courtroom where the clerk told you to go. There will probably be a clerk in the judge’s courtroom. Give the clerk the Order on Motion for Dismissal and Order on Motion for Dismissal. Tell the clerk you want to dismiss your case. S’he may ask you to wait until they call your name.
4. When they call your name, go stand in front of the judge. Tell the judge your name. State that you would like the judge to dismiss your case. The judge may ask questions, such as whether the other party filed a response to the petition or agrees with the motion. If the other party is there, the judge may also ask him/her questions. Show respect. Do not interrupt the judge.
5. Tell the judge’s clerk you want a copy of the order. Follow the clerk’s instructions about filing the order and getting a copy of it.
6. Mail a copy of the order to the other party and any other parties. Keep your copy in a safe place.
After you have filed the Order on Motion for Dismissal with the court, your case is stopped. If either you or the other party later change your mind and decide you want a divorce or to end your domestic partnership after all, one of you must file all over again. That includes filing a new summons and petition and paying a new filing fee or getting a new order waiving the fee.
1 In this packet we will use “judge” to mean either a judge or a family court commissioner. Either can dismiss your case.
3219EN – Rev. 5/2016
Dismissing Your Divorce or Petition to End Domestic Partnership | Page - 5
Section 5: Scheduling a Hearing if the Other Party (or any other party) has not signed the Order on Motion for Dismissal
If the other party (or any other party) does not sign the Order on Motion for Dismissal , but you still want the case dismissed, this section explains how to schedule a hearing on your Motion to Dismiss, give the other party (and any other parties) notice, and go to the hearing to ask the judge to dismiss your case. If the other party and all other parties have signed the dismissal forms, skip this section.
A. Forms You will Need
• Motion (use the instructions in Section 3, except you will not have the other party’s signature)
• Order on Motion for Dismissal (use the instructions for this form in Section 3, except you will not have the other party’s signature). Send this form as a proposed order with your motion. Include a copy of it with the working papers you leave for the judge. Take the original with you to your hearing to ask the judge to sign.
• Some counties may have special requirements for the content of your motion. Or they may require you to use a Declaration form with your motion. Local rules will describe any special local requirements. If you need a Declaration, use form FL All Family 135, available at http://www.courts.wa.gov/forms/ . Fill out the caption of the Declaration form. Print your name. State that you are the petitioner. Briefly explain the reasons for your motion. Sign and date the form. Fill in the city and state where you sign it.
• Notice of Hearing (or locally required form)
• Proof of Mailing or Hand Delivery (FL All Family 112) - to show the other party and other parties have been given proper notice.
B. Scheduling a Hearing
Let the court and the other parties know the date, time, place, and reason for your hearing. Many counties require you to use a special form. Ask the family law facilitator or court clerk if your county uses a special Notice of Hearing form. If not, use ours.
Getting a Hearing Date: Check local court rules), or ask the family law facilitator or court clerk when to schedule your hearing. Motions are usually scheduled in the family law department or on the family law calendar. Some counties only schedule family law hearings on certain days. In many others, if the State is a party to your case (example: when the children have received public assistance), you must schedule your hearing when the prosecutor is there for family law motions.
3219EN – Rev. 5/2016
Dismissing Your Divorce or Petition to End Domestic Partnership | Page - 6
How Much Notice to Give: Under the Washington civil rules, you must give the other parties and the court your motion and other legal papers at least five court days (business days that are not court holidays) before the hearing date.2 Some counties require more notice for family law hearings. Check with your local court rules, or ask the family law facilitator or court clerk how many days’ notice to give. Make sure to count Day One as the day after you will mail or deliver your motion papers to the other party.
Add Three Days for Mailing: If notice of the hearing is mailed rather than personally delivered, add three extra days for mailing. If the third day after you mailed the papers is a weekend or holiday, add days so that the papers arrive on a business day that is not a legal holiday or weekend. 3 Give yourself more than the minimum number of days for notice of your hearing. If for some reason the other party does not get enough notice of your hearing, reschedule your hearing – even if the other party does not show up and object.
C. Filling out the Notice of Hearing Form – FL All Family 185
Caption: Fill in the caption.
To the Clerk of the Court and all parties: Put your hearing date and time. Put the courthouse address, the courtroom number, and the name of the docket or the judge’s name.
2. Put “Motion to Dismiss Petition for Divorce” OR “Motion to Dismiss Petition to End Domestic Partnership.”
This hearing was requested by: Check Petitioner.
Person asking for this hearing signs here: Sign and print your name and address. Fill in the date. Read the box about your address.
D. Filing and Serving Your Motion
You may file your motion before or after it is served.
Check Your Deadlines. You must file your motion with the court far enough before your hearing date. It is best to file your motion a few days before the last date for serving the other parties.
1. Copy and File Your Papers.
Make at least two copies of every paper listed in Section 5 A above. One copy is for the other party. One is for you. If there is more than one other party to your case, or you will need Working Papers for the judge, make more copies.
Make three (or more) full sets of your papers (one set of originals, two sets of copies). Compare each set with the list of forms in Section 5 A to make sure you have the forms you need.
2 Civil Rule (CR) 6(d). 3 CR 6(a) & (e); CR 5(b)(2).
3219EN – Rev. 5/2016
Dismissing Your Divorce or Petition to End Domestic Partnership | Page - 7
Take the originals and the copies to the clerk’s office. (If you do not live in the county where the case is filed, ask a friend in that county to file the motion for you. Or call the clerk about filing by mail.) Give the clerk the original of all forms, except for the original of the Order on Motion for Dismissal. In most cases, you keep this original to bring to the hearing for the judge to sign. Ask the clerk if you should file the originals of the proposed order, too. If your county requires working papers, you must provide the judge copies of the proposed order as part of the working papers. Our publication called What are Working Copies has more information.
Ask the clerk to stamp your copies to show the date you filed the originals of your other forms. Take the stamped copies back from the clerk. The clerk will keep the originals.
2. Service, or "Giving Notice" Arrange to serve the other party well before the hearing with everything you want the court to consider, including the Notice of Hearing, Motion for Dismissal and your Declaration, and your proposed order. The amount of time between the date you have the other party served and the hearing date is the number of days’ notice you are giving the other party. Check the local rules again. Make sure you have the other party served with enough notice.
E. Proof of Mailing or Hand Delivery - FL All Family 112
If the party you are serving has given an address for receiving legal papers in the case, send the papers to him/her there. (The other party’s address may be, for example, at the end of the Response form, a Notice of Appearance, a Summons, or Notice of Address Change.) If the party has a lawyer in the case, serve the lawyer.
Not all county courts allow a party to serve his/her own papers after the Summons and Petition have been served. To be safe, have an adult friend or relative do it for you.
When your friend has mailed or delivered the papers to a party, have him/her fill out the Proof of Mailing or Hand Delivery the same day. Your friend should fill out a separate form for each person s/he mails or delivers the papers to. Then file the original Proof of Mailing or Hand Delivery with the court clerk. Keep a conformed copy for your records.
Make sure the papers are mailed or delivered before your deadline. When counting, do not count the day of delivery or mailing, weekends, or court holidays.
Add Days for Mailing: If your friend mails the papers, rather than personally delivering them, add at least three days4 to the number of days’ notice your county’s rules requires. Example: A document mailed on a Monday will be presumed to have been served on Thursday. If the third day after the papers are mailed is a weekend or holiday, add days so
4 Three days are clearly required under CR 5. There is a legal argument that, reading CR 5 and CR 6 together, you must give at least six days.
3219EN – Rev. 5/2016
Dismissing Your Divorce or Petition to End Domestic Partnership | Page - 8
that the papers arrive on a business day that is not a legal holiday or weekend. 5 Try to give more than the minimum number of days for notice of your hearing. If for some reason the other party does not get enough notice of your hearing, you must reschedule your hearing – even if the other party does not show up and object.
If a document is sent by regular first class mail, and if you think another party will not show up at a hearing, have an extra copy sent by certified mail, return receipt requested, for more proof of mailing. Staple the green return receipt card to the Proof of Mailing or Hand Delivery.
Hand delivery: Your friend may deliver the papers to the other party, rather than mail them. “Delivering” the packet of papers to another party (or the other party’s lawyer) means one of these:
• handing it to the lawyer or to the party
• leaving it at his office with his/her clerk or other person in charge of the office6
• if there is no one in charge, leaving it in a place in the office where someone can easily find it (example: on top of the front desk)
• if the office is closed or the person to be served has no office, leaving it at his/her home with someone of suitable age and discretion living there7
1. Instructions for the Proof of Mailing or Hand Delivery Form – FL All Family 112
Make some blank copies of this form. You may need to fill it out and file it several times. You must use a separate form for each party to whom papers were mailed or delivered.
Caption: Fill in the caption.
1. Have your server check the third box and put their name.
2. In the first blank, the server should put the date s/he served the papers. In the second blank, s/he should put who s/he served. Then s/he should check the box/es and fill out any blanks as needed to show how s/he served the other party.
3. List all documents you served: Your server must check the box for every form s/he sent/delivered to the other party. If you s/he leaves out a form, you will have no proof it was served.
I declare under penalty of perjury: Your server should sign and date the form, state the place signed (city and state), and print his/her name in the places indicated.
5 CR 6(a) & (e); CR 5(b)(2) . 6 DO NOT serve other parties at their offices, unless they have used that as their service address in a Notice of Appearance, Petition, or Response form. 7 CR 5(b)(1). This means an adult (or older teenager) who has no mental impairment that would keep him/her from understanding that the legal papers should be given to the other party.
3219EN – Rev. 5/2016
Dismissing Your Divorce or Petition to End Domestic Partnership | Page - 9
2. Filing the Proof of Mailing or Hand Delivery 1. Make one copy of each completed Proof of Mailing or Hand Delivery. Do not give
copies of this form to the other parties.
2. Take the originals and the copies to the superior court clerk’s office. Give the clerk the originals of the Proof of Mailing or Hand Delivery forms.
3. Ask the clerk to stamp your copies to show the date that you filed the Proof of Mailing or Hand Delivery. Take each stamped copy back from the clerk. The clerk will keep the originals.
4. Keep your copies of the Proof of Mailing or Hand Delivery forms in a safe place. You may need them.
F. Getting Ready for Your Hearing
1. Judge's Working Papers/Confirmation In many counties, you must:
• Deliver an extra copy of all of papers (including proposed orders) for your hearing for the judge to read. We call this set of copies Working Papers or Working Copies. Our publication called What are Working Copies? has more information.
• Confirm the hearing a few days before the hearing date. “Confirming the hearing” means telling the court the hearing will take place as scheduled. Check with the Family Law Facilitator or court clerk’s office in your county on how to confirm.
To learn the rules for working papers and confirming the hearing in your county, read local court rules, and check with the Family Law Facilitator or court clerk.
If you do not give the judge working papers and do not confirm your hearing in a county that requires this, the court may cancel your hearing, or the judge might not consider any of your papers.
2. Reading the Other Party’s Response The other party must respond in writing to your motion before the hearing. In most counties, the other party must deliver their response to you and the court no later than one court day before the hearing.8
If the other party sends no response, go to the hearing anyway. If the other party does not show up, ask the judge to sign your proposed order. (See Going to the Hearing, below.) If the other party comes to the hearing, tell the judge the other party did not send you a written response on time. The judge may decide not to consider the other party’s papers, or may reschedule the hearing to a later date.
8 CR 6(d).
3219EN – Rev. 5/2016
Dismissing Your Divorce or Petition to End Domestic Partnership | Page - 10
If the other party sends a response, read the other party’s response carefully. If you get no chance to file a reply, then be ready to tell the judge what you disagree with in the other party’s response. If the other party wants the divorce/dissolution and will not agree to dismiss, talk with a lawyer about whether to cancel your motion.
Filing a Reply: In a few counties, you will have a chance to file a written Reply to the other party’s response.9
If your local court rules give you a chance to reply, use the Declaration form to write your reply. FL All Family 135, available at http://www.courts.wa.gov/forms. Write Declaration of (Petitioner or Respondent) In Reply under the title of the declaration form. In the declaration, state which points in the other party’s response you disagree with, and why. Do not bring up new issues in the reply. Respond only to things that the other party talks about in their response. If needed, give the court more papers or declarations from other witnesses.
When you have completed your declaration, make a copy of it (and every other paper that you need to respond to the other party’s response) for each of the other parties, yourself, and the judge (if you need working papers).
File the original papers with the court clerk. Have the clerk stamp the copy that you keep, so you can prove when you filed it.
Deliver a set of the papers to each of the other parties (and to the judge if you need working papers – see the instructions for working papers). Use a Proof of Mailing or Hand Delivery form in this packet to show that the reply’s been properly served.
Make sure that you file and serve the papers by the deadline for your reply. Check with your Family Law Facilitator, court clerk, or local rules for the reply deadline. If you do not serve your reply by the deadline, the judge may not read it.
G. Going to the Hearing
These instructions are written for many types of family law motions. They are more detailed than you may need for a motion to dismiss.
• If the Other Party Gets a Lawyer. If at any time before the hearing another party’s lawyer contacts you or shows up at a hearing, you may decide to get a lawyer yourself. If so, tell the lawyer and the court that you need to postpone (continue) the hearing. Do not panic. The lawyer may ask you to sign some documents. Do not sign anything you do not understand.
• Get Ready for the Hearing. Try to go to court before the day of your hearing to watch how the hearings are generally done. Try to make some notes to yourself about the main points that you want to make when you have a chance to talk during the hearing.
• Get to Your Hearing Early. Try to dress neatly and bring a pad of paper and black pen to write notes with. Bring your set of the papers, as well as your copies of any
9 CR 6(d).
3219EN – Rev. 5/2016
Dismissing Your Divorce or Petition to End Domestic Partnership | Page - 11
papers the other parties gave you in response. It is better not to bring your children if you can help it. The judge will usually not let them sit in the courtroom. If you are not there on time, the judge may cancel the hearing (or the other party may win).
• When You Get to the Courtroom. When you get there, tell the person in charge in the courtroom (often called the clerk or the bailiff) your name and the name and number of your case. Take a seat. When the judge walks in the room, stand. When your case name is called, tell the court that you are present. Stay in court until your case is called for hearing.
Move forward when told to do so. Give the court the originals of your proposed order.
• Getting an Order. If the other party does not appear, show the judge your Proof of Mailing or Hand Delivery. Ask the judge to sign your order. Tell the clerk or bailiff that you need a copy of the order.
• Presenting Your Case. If the other party shows up at the hearing, each of you will have a chance to speak. Stand while speaking. Tell the judge briefly what you want and why. Try to keep your argument short. Only outline your main points. In some counties you have only five minutes to speak. In most cases, the judge will have read your papers before the hearing. Do not repeat everything that is in your papers. Try to make notes to use at the hearing.
• DO NOT INTERRUPT THE JUDGE.
• Hearing the Judge’s Decision. After the judge has heard both sides, she will decide on your requests. Listen carefully and make notes. The judge may make changes to the order you prepared, or s/he may direct you, the other party, or the other party’s lawyer to do it. Usually you want to have your court order signed the day of your hearing. Some counties require they be signed before the parties leave the courthouse.
H. Getting Copies of the Order.
Make sure you get a copy of the Order on Motion for Dismissal as signed by the judge. Ask the clerk how to do this. The clerk may give you the originals and tell you to go make copies in the library or at the clerk’s office. DO NOT LEAVE THE COURTHOUSE WITH OR CHANGE OR DESTROY COURT ORDERS THE JUDGE HAS SIGNED. If you do not know what to do with the originals, ask someone at the clerk’s office for help.
Get a copy of the order to the other party and any other parties. Make sure you keep your copy in a safe place. Use the Proof of Mailing or Hand Delivery procedure to show that copies have been provided to the other parties.
After the judge signs an order dismissing your case and the order is filed with the court, the court case for ending your marriage or domestic partnership stops. If you or the other party later change your mind and decide that you want a divorce or to end your domestic
3219EN – Rev. 5/2016
Dismissing Your Divorce or Petition to End Domestic Partnership | Page - 12
partnership after all, one of you must file all over again. That includes filing a new summons and petition and paying a new filing fee, or getting a new order waiving the fee.
Section 6: Blank Forms This packet has blank forms for you to complete while reading the instructions. You may not need every form. Read the instructions above to identify the forms you need. You may want to make a copy of the forms so that you have an extra in case your first draft needs lots of changes.
CR 41(a) Optional Form (05/2016) FL All Family 163
Motion for Dismissal
p. 1 of 1
Superior Court of Washington, County of In re:
Petitioner/s (person/s who started this case):
And Respondent/s (other party/parties):
No.
Motion for Dismissal (MTDSM)
Motion for Dismissal Important! The person making this motion must ask the court to sign the Order on Motion for Dismissal (FL All Family 164) either at a hearing or at ex parte. If you don’t have to notify the other side because s/he has signed the order or has not appeared in any way,
you may have the order signed at ex parte. Otherwise, you may use the Notice of Hearing form (FL All Family 185) unless local rule requires a different
form. Contact the court for scheduling information. 1. I am the (check one): Petitioner. Respondent. 2. I filed the Petition to start this case (name of Petition): 3. I ask the court to dismiss my Petition because: (explain):
4. The other party (check one):
agrees this case should be dismissed and has signed below. has not appeared in this case. has appeared, but has not asked the court to approve any orders or grant any requests. has appeared and has asked the court to approve an order or grant a request.
Person making this motion fills out below. Person making this motion signs here Print name (if lawyer, also list WSBA#) Date
Other party fills out below if s/he agrees to dismiss this case. Other party’s signature Print name (if lawyer, also list WSBA#) Date
CR 41(a) Optional Form (05/2016) FL All Family 164
Order on Motion for Dismissal
p. 1 of 2
Superior Court of Washington, County of In re:
Petitioner/s (person/s who started this case):
And Respondent/s (other party/parties):
No.
Order on Motion for Dismissal (ORDSM / ORDYMT)
Order on Motion for Dismissal 1. The court has reviewed the court file and the Motion for Dismissal filed by the
(check one): Petitioner. Respondent.
2. All other parties in this case (check one):
agree this case should be dismissed. have not appeared. have appeared, but have not asked the court to approve any orders or grant any requests.
have appeared and have asked the court to approve an order or grant a request.
3. Other Findings (if any)
CR 41(a) Optional Form (05/2016) FL All Family 164
Order on Motion for Dismissal
p. 2 of 2
The Court Orders:
4. The Motion is (check one): Approved – The Petition is dismissed. Denied – The Petition is not dismissed.
Ordered.
Date Judge or Commissioner
Petitioner and Respondent or their lawyers fill out below. This document (check any that apply): This document (check any that apply):
is an agreement of the parties is an agreement of the parties is presented by me is presented by me may be signed by the court without notice to me may be signed by the court without notice to me
Petitioner signs here or lawyer signs here + WSBA # Respondent signs here or lawyer signs here + WSBA #
Print Name Date Print Name Date
Optional Form (05/2016) FL All Family 185
Notice of Hearing p. 1 of 1
Superior Court of Washington, County of In re:
Petitioner/s (person/s who started this case):
And Respondent/s (other party/parties):
No.
Notice of Hearing (NTHG) Clerk’s action required: 1
Notice of Hearing To the Court Clerk and all parties:
1. A court hearing has been scheduled: for: at: a.m. p.m.
date time
at: in court’s address room or department
docket / calendar or judge / commissioner’s name
2. The purpose of this hearing is (specify):
Warning! If you do not go to the hearing, the court may sign orders without hearing your side. This hearing was requested by: Petitioner or his/her lawyer Respondent or his/her lawyer
Person asking for this hearing signs here Print name (if lawyer, also list WSBA #) Date
I agree to accept legal papers for this case at:
address
city state zip
(Optional) email:
This does not have to be your home address. If this address changes before the case ends, you must notify all parties and the court clerk in writing. You may use the Notice of Address Change form (FL All Family 120). A party must also update his/her Confidential Information form (FL All Family 001) if this case involves parentage or child support.
CR 5(b) Optional Form (05/2016) FL All Family 112
Proof of Mailing or Hand Delivery
p. 1 of 2
Superior Court of Washington, County of In re:
Petitioner/s (person/s who started this case):
And Respondent/s (other party/parties):
No.
Proof of Mailing or Hand Delivery (for documents after Summons and Petition) (AFSR)
Proof of Mailing or Hand Delivery (for documents after Summons and Petition)
Warning! Do not use this form to prove you mailed or delivered a Summons, Petition, Order to Go to Court, or any kind of Restraining Order. For those documents, use Proof of Personal Service (FL All Family 101), or if you have court permission to serve by mail, use Proof of Service by Mail (FL All Family 107).
I declare:
1. I am (check one): the Petitioner the Respondent (name): and am competent to be a witness in this case.
2. On (date): , I served copies of the documents listed in 3 below to
(name of party or lawyer served): by:
mail (check all that apply): first class certified other
mailing address city state zip
email to (address): (only if allowed by agreement, order, or your county’s Local Court Rule)
fax to (number): (only if allowed by agreement, order, or your county’s Local Court Rule)
Hand delivery at (time): a.m. p.m. to this address:
street address city state zip
CR 5(b) Optional Form (05/2016) FL All Family 112
Proof of Mailing or Hand Delivery
p. 2 of 2
I left the documents (check one): with the party or lawyer named above. at his/her office with the clerk or other person in charge. at his/her office in a conspicuous place because no one was in charge. with (name): ,
at the address listed in court documents where the party agreed to receive legal papers for this case.
(For a party or lawyer who has no office or whose office is closed) at his/her home with (name): , a person of suitable age and discretion who lives in the same home.
3. List all documents you served (check all that apply): (The most common documents are listed below. Check only those documents that were served. Use the “Other” boxes to write in the title of each document you served that is not already listed.)
Notice of Hearing Notice Re Military Dependent Motion for Temporary Family Law Order
and Restraining Order Sealed Financial Documents
Proposed Temporary Family Law Order Financial Declaration
Proposed Parenting Plan Declaration of:
Proposed Child Support Order Declaration of:
Proposed Child Support Worksheets Declaration of:
Other:
Other:
Other:
Other:
Other:
Other:
4. Other:
I declare under penalty of perjury under the laws of the state of Washington that the statements on this form are true.
Signed at (city and state): Date:
Signature of server Print or type name of server
3219EN DISMISSING YOUR PETITION FOR DIVORCE OR TO END YOUR DOMESTIC PARTNERSHIP - EVALUATION FORM
Your comments are appreciated and will help to make this packet more useful to others. Please take a moment to complete this form and return it to:
LeeAnn Friedman Northwest Justice Project
500 W. 8th, Suite 275 Vancouver, WA 98660
Or email to [email protected] 1. Where did you get this packet?
CLEAR washingtonlawhelp.org Court Clerk or Facilitator
Other:
2. What is your primary language?
3. Are you low-income? yes no
4. What is the last grade you finished in school?
5. Did you read the instructions? yes no
6. Did you need the help of an agency, court facilitator, or advocate to complete your
case? yes no
If yes, what agency or individual helped you?
7. Did you find anything hard to understand? yes no
If yes, please tell us what.
8. Did you find any mistakes? yes no
Describe mistakes. Include the page #.
9. Additional Comments [use back if you need to]:
10. Today’s Date: