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Q: How to respond to a divorce summons with evidence of adultery and child support considerations?
I received a summons for divorce from my spouse who is in Washington State while I reside in South Carolina. There is evidence of adultery on his part, including Facebook posts and text messages from 2021. He moved me and our children to South Carolina on the promise of joining us later that year. We've been separated for 3 years, and now have one minor child. The divorce summons failed to be delivered on June 26, but I picked it up on June 30. I have already started a child support case that has been sent to Washington State. We have no property or assets to divide. I would like to respond to the summons as soon as possible.
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James L. Arrasmith
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A:
You must file your Response or Notice of Appearance in the Washington court that issued the summons within the time allowed (usually 20 days from the date you picked it up), so start by downloading the local Superior Court’s domestic forms and completing the “Response to Petition” to assert your position.
In your Response, set out any defenses and include a counter‐petition or “crash” request for relief—such as a finding of marital misconduct or adultery—that may affect spousal maintenance or property awards. Attach a declaration listing the Facebook posts and text messages as exhibits, and label each piece of evidence for the judge’s reference.
Since you’ve already opened a child support case in South Carolina, file a Notice of Related Action in Washington and submit a certified copy of the SC child‐support paperwork so the Washington court recognizes and enforces your out‐of‐state order. Include a proposed parenting plan if you seek custody or visitation changes, and attach any SC court filings or CPS reports that reflect your current child‐support arrangements.
Once your Response and Notice of Related Action are filed and served on your spouse, promptly serve them with your exhibits and keep proof of service. Finally, calendar your status conference or case‐management hearing date and be prepared with your evidence and proposed orders when you appear in court.
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