Power of Attorney for a divorce?

Asked over 1 year ago - Houston, TX

My friend is the Power of Attorney for her husband who is in prison, and she wants to divorce him. Since she is the Power of Attorney for him is she able to sign the divorce waiver for him? Or does he still have to sign the divorce waiver? Thanks in advance.

Attorney answers (3)

  1. Howard M Lewis

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    11

    Answered . He will have to sign or you may be able to use another method your state has for divorces with incarcerated spouses. take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. M Elizabeth Foley

    Contributor Level 18

    4

    Lawyers agree

    Answered . No, she can't do that, and if she tries it, the waiver will be invalid and I imagine the judge will be more than a little irritated with her. On the bright side, unlike many, she knows where he is, and that can be a big help. I am not sure whether he'd be able to do a waiver in prison. It would have to be notarized by someone at the prison, and that may or may not be something they'll do, even if he's willing. If not, she can just have him served, which is really not that big a deal if you know where the person is.

  3. Michael David Elkin

    Pro

    Contributor Level 5

    3

    Lawyers agree

    Answered . In illinois, the place where I am licensed, you will need to go through a formal process and POA will not suffice.

    Please contact a lawyer and do not make legal decision based on the legal advice provided. Criminal cases are... more

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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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