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