Can I file for divorce on my Mother's behalf with a POA? Or does she need a lawyer to represent her? How much will it cost?

Asked over 1 year ago - Los Angeles, CA

My parents have been seperated for 14 years and my Mother is a French citizen who resides overseas. My dad is a California resident. She wants to file for dissolution of marriage as soon as possible.
Both my parents have no custody or assests problems.

Attorney answers (3)

  1. Tobie Brina Waxman

    Contributor Level 18

    2

    Lawyers agree

    Answered . Your mother can proceed in pro per. She can prepare the documents and then send them to you via e-mail or fax. You can then file them for her. OR, she can retain local counsel who can likewise forward the necessary documents to her for her review and signature. Once she signs them and sends them back, local counsel can file and serve the other party. You cannot represent your mother unless you are a licensed attorney. That is not the purpose of or proper use of Power of Attorney.

  2. Dena Robin Taub

    Contributor Level 7

    1

    Lawyer agrees

    Answered . You cannot do it via a POA. However, we can forward the forms to her electronically, and she can sign them and fax or e-mail them back. We can speak with her via telephone or skype or of course e-mail. My firm could even set up a conference call with you present to speak with your mother. There are a lot of options, but a POA is not one of them. I am happy to speak with you and/or your mother about this further. I will also tell you that she should always have an attorney representing her so she has someone looking out for her best interest that can also ensure that the process is handled properly. Please feel free to call me at 818-646-5300. My firm offers free consultations.

    No response should be construed as formal legal advice. The acknowledgement of this information or submission of a... more
  3. Gregory Paul Benton

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You could only do this if your mother is incapacitated. Also, if there is no POA executed, then you will have further problems. Again, your mother can't file her as she is not a resident of CA for the 6 months prior to filing nor is she a resident for at least 3 months here in LA county prior to filing. If she wants a divorce her in CA, then Dad will need to do the filing. Otherwise, she needs to research French law to get it done.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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