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Old 05-05-2006, 05:19 PM
Junior Member
 
Join Date: Sep 2005
Posts: 7
Question New Question about Support

OK, I'm finally firing my lying, non-responsive atty I've been complaining about for months. Spoke w/ another atty this morning and have a couple of questions, which may relate specifically to the law in IL.

1st, the guy I saw this a.m. said that in order to even begin service of process, the case has to be filed first w/ the court. I think this is true, but would like some verification from someone "in the know". If it is true, then my "other" atty did nothing but lie to me. He told me back in Sept. of last year that paperwork had been sent to RI process server. And have I any recourse against him if that is, in fact, the case (his lying to me, that is)?

2nd, was told this a.m. that since I am in Illinois and spouse is in RI, I won't get an order for support. Supposedly, from what I understand, since spouse has never lived here in IL w/ me, we've never maintained a marital domicile here, he's not set foot in IL in the 2 yrs since I moved here, etc., the state won't grant support because they will be unable to enforce it - they have no jurisdiction over the "person". They do have jurisdiction "in re" and can therefore grant the divorce since I meet all the residency requirements, etc. But not the support. Is this true? From all of the reference cases the atty read to me, it seems to be - just wd like some confirmation. And since we're talking about this , if we leave the request for support in the Petition and accompanying docs, what are the chances that a judge might just sign the Order? Spouse need never know that it can't be enforced, unless he's intelligent enough to hire an atty in RI - he won't because he's too cheap!

What do you think, anyone?
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