Can a Power of Attorney file for divorce and be present for court hearings on the behalf of another?

Asked over 4 years ago - Fall River, MA

My friend is in Iraq, possibly for another nine to ten months. He wants to know if I, as his power of attorney, can begin a divorce and go to the final court hearing in his place?

He and his wife agreed on a divorce before he left, but the possibility of his deployment getting extended puts him and his wife and a disadvantage. I have all the paperwork saying I am his POA and the divorce would be uncontested. Thanks in advance.


Attorney answers (4)

  1. Gabriel Cheong


    Contributor Level 16

    Answered . If the divorce is uncontested, all he would need to do is file a motion to waive his appearance and submit an affidavit saying that he agrees to all the terms. He does not need to be present for the final hearing.

  2. Henry Lebensbaum

    Contributor Level 20

    Answered . Gabe is the only correct answer. He only needs to file a motion waiving his appearance and submit an affidavit stating his agreement to all terms.

  3. Theodore W. Robinson

    Contributor Level 20


    Best Answer
    chosen by asker

    Answered . I doubt that someone holding a Power of Attorney can do such a thing. It would generally be up to the Judge who the case comes before. As long as its an uncontested case, it could probably go through, however, if there are issues that are left outstanding, then that's a very different story.

    Have him check with his JAG officers to see if they can do it long distance because he's deployed overseas.

    Good luck.

  4. David Alexander Browde


    Contributor Level 20

    Answered . Unless you're a licensed attorney you may not represent a client in court.

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