HB 2686 — Marriage dissolution fee ex.

Summary

Exempting certain petitions for dissolution of marriage from the expense of filing and service of process.

Bill Text

Compared against the Revised Code of Washington as published AI-generated reading aid — verify against the official bill.

This bill amends 4 section(s) of the Revised Code of Washington: RCW 26.12.050; RCW 36.18.016; RCW 36.18.025; RCW 36.18.040.

• RCW 26.12.050

  The twenty dollars → 26.12.260 and 2021 c 215 s 136 are each amended to low ter ly 1, 2009, but no later than November 1, 2009, a , a to the extent state funding is provided to meet the qui nts of the program a county shall, create a program s ces to all parties involved in proceedings under .09 . Minimum components of this program shall include: ivi to serve as an initial point of contact for parties iti for dissolutions or legal separations under chapter ; informing parties about courthouse facilitation nd entations; (c) informing parties of alternatives to di lution petition, such as marriage or domestic c seling; (d) informing parties of alternatives to in ding counseling, legal separation, and mediation f a opriate; (e) informing parties of supportive family vai e in the community; (f) screening for referral for n areas of domestic violence as defined in RCW ch abuse, substance abuse, and mental health; and (g) to e court in superior court cases filed under chapter is gram shall not provide legal advice. No attorney- ati ip or privilege is created, by implication or by be en persons providing basic information under this th articipants in the program. Except as provided in section 1 of this act, the ounty may impo us $20 account to be used as provided in this section. The program shall provide services to indigent persons at no expense. (4) Persons who implement the program shall be appointed in the same manner as investigators, stenographers, and clerks as described in RCW 26.12.050. (5) If the county has a program under this section, any petition under RCW 26.09.020 must allege that the moving party met and conferred with the program prior to the filing of the petition. (6) If the county has a program under this section, parties shall meet and confer with the program prior to participation in mediation under RCW 26.09.016.

  amended

• RCW 36.18.016

  six dollars six dollars five dollars one dollar two dollars two dollars two dollars five dollars For registration of land titles, Torrens Act, under RCW 65.12.780, a fee of $20 must be charged. (15) (16) (17) (18) (19) (20) five dollars one dollar (21) (22) (23) (24) (25) (26) (27) (28) (29) → read as follows: (1) Revenue collected under this section is not subject to division under RCW 36.18.025 or 27.24.070. (2)(a) For the filing of a petition for modification of a decree of dissolution or paternity, within the same case as the original action, and any party filing a counterclaim, cross-claim, or third- party claim in any such action, a fee of $36 must be paid. (b)(i) The party filing the first or initial petition for dissolution, legal separation, or declaration concerning the validity of marriage shall pay, at the time and in addition to the filing fee required under RCW 36.18.020, a fee of $54. The clerk of the superior court shall transmit monthly $48 of the $54 fee collected under this subsection to the state treasury for deposit in the domestic violence prevention account. The remaining $6 shall be retained by the county for the purpose of supporting community-based domestic violence services within the county, except for five percent of the $6, which may be retained by the court for administrative purposes. On or before December 15th of each year, the county shall report to the department of social and health services revenues associated with this section and community-based domestic violence services expenditures. The department of social and health services shall develop a reporting form to be utilized by counties for uniform reporting purposes. (ii) The filing fee in (b)(i) of this subsection does not apply to a petition for dissolution of marriage filed under the circumstances specified in section 1 of this act. (3)(a) Th par ing a demand r jury of six in civil action shall , time, a fee $1 5; if the demand for a jury of 12, a e 0. If, after p rty demands a jur f six and pays the qui e, any other rt to the action re sts a jury of 12, a al $125 fee l be required of th party demanding the cr umber of juro (b) Upon nv in criminal es a jury demand ch e of $125 for a j o or $250 for ur of 12 may be im ed as costs under R 10 . (4) For p ar ertified cop a instrument on fi or of record in the le fice, for th ir t page or portion f the first page, ee $5 and for each ad ional page or port t be charged. For the nstrument, a ee of ⟦INS⟧$2 ed must be rged. For preparing c r of record the clerk's offic wi s per page t be charged. When py r file that in an electronic fo t, ust be char . For copies made a ee of $20 f each compact disc t (5) For e ut ut a seal, ee of ⟦INS⟧$2 (6) or an affida for garnish t ee of $20 t be charged (7) r fee of $20 t be charged (8) r tion on the d, in other n gs, a fee o ⟦INS⟧$2 qualificatio nd ers testamen y, $5 (12) For processing ex parte orders, the clerk may collect a fee of $30. (13) For duplicated recordings of court's proceedings there must be a fee of $10 for each audiotape and $25 for each video or other electronic storage medium. (14) For the ua ension of gm 20 a d chapter 4A of $200 mu be tens on of judg t request of c may e imposed co nder RCW 10. 19 (15) A il charge of to d as uthorized er 240. (16) F f adjudication la 180, fee of $2 us d. (17) For il m of frivol l 081 r 60.90.13 r action to r se .90. 0 and 60.9 40 $35 must be rg (18) For pa a change of ue e ch rged by th ri urt in addit t s in ubsection o ion. (19) A s ce $5 nd $1 ceiv fax gen l rul (20) 50 ts pe (21) mitt by RC e ch ed. (22) 090 t be (23) hori f lo (24) (25) For filing a request for trial de novo of a civil arbitration award, a fee not to exceed $400 as established by authority of local ordinance must be charged. (26) A public agency may not charge a fee to a law enforcement agency, for preparation, copying, or mailing of certified copies of the judgment and sentence, information, affidavit of probable cause, and/or the notice of requirement to register, of a sex offender convicted in a Washington court, when such records are necessary for risk assessment, preparation of a case for failure to register, or maintenance of a sex offender's registration file. (27) For the filing of a will or codicil under the pr

  amended

• RCW 36.18.025

  , in , or in . The $45 filing fee under this subsection for an unlawful detainer action shall not include an order to show cause or any other order or judgment except a default order or default judgment in an unlawful detainer action two hundred dollars → CW 36.18.020 and 2025 c 357 s 1 are each amended to as follo : (1) Reven collected under this section is subject to division the stat under RCW 36.18.025 and with the county or regional library und under RCW 27.24.070, except as provided in ections ( and (6) of this section. (2) Clerk of superior courts shall collect the following fees their off ial services: (a) In a ition to any other fee required by law, the party ng the fi t or initial document in any civil action, including, not limit to an action for restitution, adoption, or change of , and an party filing a counterclaim, cross-claim, or third- y claim any such civil action, shall pay, at the time the ment is f ed, a fee of $200 except : (i) In an unlawful detainer action under chapter 59.18 or 59.20 or which he plaintiff shall pay a case initiating filing fee of . The $45 filing fee under this subsection for an unlawful detainer action shall not include an order to show cause or any other order or judgment except a default order or default judgment in an unlawful detainer action; (ii) In proceedings filed under RCW 28A.225.030 alleging a violation of the compulsory attendance laws where the petitioner shall not pay a filing fee ; or (iii) In a dissolution of marriage action where the petitioner shall not pay a filing fee if the petition for dissolution of marriage is filed under the circumstances provided in section 1 of this act. (b) Any party, ex t a rst or initial do ent risdiction or any ty o cument is filed, a of (c) For filing a p der RCW 34.05.514 a ling (d) For filing o a pe der under RCW 7.105 0 a (e) For filing t noti ime victim under RC .68. (f) In probate proc oceedings, shall p at erein, a fee of $20 (g) For filing an etit a petition to admi wi jecting to a writt agr .96A.220, there sha be p (h) Upon convicti or appeal from a cour f li on affirmance of a nvic adult defendant i cri $200 (i) No fee shall be assessed if an order of dismissal on the clerk's record be filed as provided by rule of the supreme court. (3) No fee shall be collected when a petition for relinquishment of parental rights is filed pursuant to RCW 26.33.080 or for forms and instructional brochures provided under RCW 7.105.115. (4) No fee shall be collected when an abstract of judgment is filed by the county clerk of another county for the purposes of collection of legal financial obligations. (5)(a) In addition to the fees required to be collected under this section, clerks of the superior courts must collect surcharges as provided in this subsection (5) of which 75 percent must be remitted to the state treasurer for deposit in the judicial stabilization trust account and 25 percent must be retained by the county. (b) On filing fees required to be collected under subsection (2)(b) of this section, a surcharge of $30 must be collected. (c) On all filing fees required to be collected under this section, except for fees required under subsection (2)(b), (d), and (h) of this section and except as provided in section 1 of this act, a surcharge of $40 must be collected. (6) On filing fees required to be collected r subsection (2)(a), (b), (c), (e), (f), and (g) of this sec , except as provided in section 1 of this act, a surcharge $50 harge must be transmitt y urer to be deposited i he state legacy project, ate in the judicial sta zat must be retained by t cou erk's office operati ,

  amended

• RCW 36.18.040

  ten dollars twelve dollars seven dollars thirty dollars ten dollars twenty-five dollars forty dollars thirty dollars thirty dollars thirty dollars thirty-five thirty dollars one dollar fifty twelve dollars thirty dollars thirty dollars five dollars ten dollars three dollars ten dollars → d 2015 c 265 s 29 are h a the following fees fo eir h summons and complai n on, and notice of sma cla tw $12 mileage. The sheriff may not collect a fee for service of summons and petition pursuant to section 1 of this act; (b) For making a return, besides mileage actually traveled, $7; (c) For levying each writ of attachment or writ of execution upon real or personal property, besides mileage, $30 per hour; (d) For iling copy of writ of attachment or writ of execution with auditor, $10 plus auditor's filing fee; (e) For serving writ of possession or restitution without aid of the county, besides mileage, $25; (f) For serving writ of possession or restitution with aid of the county, besides mileage, $40 plus $30 for each hour after one hour; (g) For erving an arrest warrant in any action or proceeding, besides mileage, $30; (h) For executing any other writ or process in a civil action or proceeding, besides mileage, $30 per hour; (i) For ach mile actually d essarily traveled in going to or returning from any place f vice, or attempted service, 35 cents; (j) r aking a deed to ds d upon execution or order of sale or her decree of court, be id by the purchaser, ⟦INS⟧$35; (k) r aking copies of ers en sufficient copies are not furnish $1 fi page and 50 cents per eac ddi al page; (l) r service of any the ocument and supporting papers for whi no er fee is pr ded r herein, $12; (m) or ting a notic of ale, or postponeme ( $10 ides mileage; ificate or bil f e of property, or c ifi $30 ty, ⟦INS⟧$30 $5 (q) For fingerprinting for noncriminal purposes, $10 for each person for up to two sets, $3 for each additional set; (r) For mailing required by statute, whether regular, certified, or registered, the actual cost of postage; (s) For an internal criminal history records check, $10; (t) For the reproduction of audio, visual, or photographic material, to include magnetic microfilming, the actual cost including personnel time. (2) Fees allowable under this section may be recovered by the prevailing party incurring the same as court costs. Nothing contained in this section permits the expenditure of public funds to defray costs of private litigation. Such costs shall be borne by the party seeking action by the sheriff, and may be recovered from the proceeds of any subsequent judicial sale, or may be added to any judgment upon proper application to the court entering the judgment. (3) Notwithstanding subsection (1) of this section, a county legislative authority may set the amounts of fees that shall be collected by the sheriff under subsection (1) of this section to cover the costs of administration and operation, except that the sheriff may not collect any fee for service of summons and petition pursuant to section 1 of this act --- END ---

  amended

Action History

1. January 27, 2026

   First reading, referred to Appropriations.

Sponsors

• (Davis) · Primary

Subjects