birdbrain53
Member
OP it sounds like your attorney is not representing your interests well. Your attorney knows full well that there is no such thing as an open ended response. There is 30 days after being served. Then HE is in default territory and your attorney should have been aggressively pushing the case forward especially after he left to go to RI.
I think you need a consult with another attorney about the situation to see what can be salvaged and if you can object to jurisdiction. i agree with wavehopper that he was stalling in order to file there but if you look closely at the statute
§ 15-5-12 Domicile and residence requirements. – (a) No complaint for divorce from the bond of marriage shall be granted unless the plaintiff has been a domiciled inhabitant of this state and has resided in this state for a period of one year next before the filing of the complaint; provided, that if the defendant has been a domiciled inhabitant of this state and has resided in this state for the period of one year next before the filing of the complaint, and is actually served with process, the requirement of this subsection as to domicile and residence on the part of the plaintiff is deemed satisfied and fulfilled.
See that bolded part? If your ex was served before his 1 year of domicile in RI, you might be able to fight jurisdiction in RI. But you need a better attorney to determine that.
And you should write a complaint to the California Bar about your current lawyer.
I think you need a consult with another attorney about the situation to see what can be salvaged and if you can object to jurisdiction. i agree with wavehopper that he was stalling in order to file there but if you look closely at the statute
§ 15-5-12 Domicile and residence requirements. – (a) No complaint for divorce from the bond of marriage shall be granted unless the plaintiff has been a domiciled inhabitant of this state and has resided in this state for a period of one year next before the filing of the complaint; provided, that if the defendant has been a domiciled inhabitant of this state and has resided in this state for the period of one year next before the filing of the complaint, and is actually served with process, the requirement of this subsection as to domicile and residence on the part of the plaintiff is deemed satisfied and fulfilled.
See that bolded part? If your ex was served before his 1 year of domicile in RI, you might be able to fight jurisdiction in RI. But you need a better attorney to determine that.
And you should write a complaint to the California Bar about your current lawyer.