I would like to know if I can give POWER of ATTORNEY to my sister so that she can help with my divorce. I live in GREECE and my husband and sister live in California.
The divorce should be kind of simple, the only thing we do not agree on is any legal rights that i might have to a Community Property in his 401(k). He actually filed for divorce in 2009 but since I did not WAIVE my rights to his 401(k), he never continued with the divorce. Eight years have passed since we seperated and he wants to file for divorce again. He got his GREEN CARD through our marriage so I feel i am entitled to something. At this time it is difficult for me to travel to California, so I would like to know if my sister can help me in this matter.
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
An "attorney-in-fact" (person holding a power of attorney) may not represent you in a legal proceeding. You should retain an "attorney-at-law" (a lawyer) to assist you with this process. Your lawyer will prepare the paperwork and file them with the court on your behalf, and you will need to come to California for any depositions, trials, etc. You should consult your own attorney to protect your legal rights.
Your sister would not be able to represent you or appear in court for you. However, there is nothing wrong with asking that all papers be delivered or mailed to her address, or preventing her from filling out and filing forms at your direction.
Because you are seeking some portion of the 401k, it would probably be wise if you hire a qualified family law attorney to make sure your rights are protected. At the very least, you should consult with someone to see if you have a right to any thing. Many family law attorneys would be willing to give you a little of their time over the phone.
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