Say you and spouse signed a joined (agreed) property and divorce petition, no notice required, in April, but it did not get filed until December, 8 months later. This time-frame exceeds the 90 day cut-off between summons and filing for civil cases... would the petition still be valid?
So the joined petition sign-date would be equivalent to service or summons as it's an agreement to the petition, but the filing is the commencement of the case.
[Wothers, 101 Wn. App. at 76] An insured did not properly commence the action under RCW §4.16.170 by filing the lawsuit without effecting proper service within 90 days.]
"If the plaintiff first served the defendant and does not file a complaint within 90 days, the lawsuit is deemed not to have commenced. "
A divorce or other family law matter petition can expire in TX, called a dismissal for want of prosecution or “DWOP.” Is this true for WA?
p.s. I did research the law and appellate cases as quoted above.