View Full Version : Can you obtain a divorce with a power of attorney
my1stlove
Feb 9, 2013, 08:03 AM
My son is in prison, in GA, I have full power of attorney. His wife was in a different prison, now released, never writes, visits, etc. my son wants to divorce her before she gets into more trouble as he has changed his ways. We had her contact information she agreed to the divorce, I spent $150.00 on the first step for a divorce through the internet all were in agreement since they didn't have any property or children, then the court fees would be paid by me upon all signatures. Now the wife is nowhere to be found. Can I file for my son with the power of attorney as an abandoment of the wife by submitting an ad in the local newspaper, if so exactly what words should be displayed? Or do you suggest a better option?
Fr_Chuck
Feb 9, 2013, 08:27 AM
No, the court will have specific requirements for searching for the ex wife. Posting in the paper is merely a form of service but other forms has to be attempted first, you will have to try to have her served and if the agent can not find them, and other methods of searching can not find her, then the court normally will allow service though publication.
If you are going to have to do servcie though publication and divorce where the other party can not be found, your son needs an attorney, The attorney can represent him in court, A POA may sign papers for him, but not really make legal decissions for him. The attoreny may send him papers in prison that he signs and sends back
AK lawyer
Feb 9, 2013, 09:25 AM
What Fr_Chuck said.
Also, no: you cannot sign your son's divorce petition with a POA. You are attorney "in fact" for him (That's what "power of attorney" means.); but not attorney at law. The two things are entirely two different things.