Ask Experts Questions for FREE Help !
Ask
    my1stlove's Avatar
    my1stlove Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 9, 2013, 08:03 AM
    Can you obtain a divorce with a power of attorney
    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #3

    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Divorce without Attorney [ 1 Answers ]

My situation is, I never got a divorce from someone I was married to briefly, (about 15 months) back in 1994-5. So somewhere out there I have an estranged husband,and haven't a clue where he is,nor do I care. I have heard you can get a divorce by doing it yourself (less money than a lawyer), there...

Can I obtain a divorce by posting it in the newspaper? [ 1 Answers ]

I want a divorce and don't have the money for the lawyer fees nor the paperwork! Can I obtain a divorce by placing a add the newspaper?

My divorce attorney is AWFUL [ 4 Answers ]

I filed for a divorce on 3/7/08 with a female attorney. From her consultation, I thought she would be a God send since she had been through a divorce as well. This was a big mistake on my part. I had a TPO hearing on 4/10/08 in which this woman was clearly unprepared and she asked only ordinary...

I need information on how to obtain a divorce [ 6 Answers ]

I would like to know what can you do if you're trying to obtain a divorce and the Wife has left the country with no way of contacting her knowing divorce is wanted? Thanks


View more questions Search