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Power of Attorney for a divorce?

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.

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Attorney answers 3

Posted

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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

Posted

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.

Howard M Lewis

Howard M Lewis

Posted

great counsel

Posted

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.