Can someone use a POA for divorce?

Patricia Matheson

New Member
Jurisdiction
Illinois
My husband has filed for divorce. Long story short he is an alcoholic and has gone to a different state to be with his high school sweetheart. Found out that he has given POA to someone to finish the divorce. Is using a POA for a divorce allowed?
 
My husband has filed for divorce. Long story short he is an alcoholic and has gone to a different state to be with his high school sweetheart. Found out that he has given POA to someone to finish the divorce. Is using a POA for a divorce allowed?

I disagree with the previous responses that gave you a flat "no" answer. The details matter here. Who is the person he gave the POA to? An attorney he hired for the divorce or someone else? And what do you mean by a POA "to finish the divorce"? Exactly what is it that this agent is going to do for him? Those kinds of details matter.

Certainly if the agent is not an attorney licensed in that state then that person cannot represent your husband in court. But there are some things that the agent may be able to do.
 
I disagree with the previous responses that gave you a flat "no" answer. The details matter here. Who is the person he gave the POA to? An attorney he hired for the divorce or someone else? And what do you mean by a POA "to finish the divorce"? Exactly what is it that this agent is going to do for him? Those kinds of details matter.

Certainly if the agent is not an attorney licensed in that state then that person cannot represent your husband in court. But there are some things that the agent may be able to do.
Yes, if the person who got the POA was an appropriately licensed attorney hired to represent him, then it would be ok. I suspect, however, that such a thing would have been mentioned...in fact, I suspect that the question wouldn't even have come up if the person who got the POA was an attorney hired to represent the other party.
 
Yes, if the person who got the POA was an appropriately licensed attorney hired to represent him, then it would be ok. I suspect, however, that such a thing would have been mentioned...in fact, I suspect that the question wouldn't even have come up if the person who got the POA was an attorney hired to represent the other party.

Maybe that would have been mentioned, maybe not. Based on over two decades as a lawyer I can tell you that even my own clients often fail to mention things that you might think would be obvious to bring up. So just because you think it would be something the OP would obviously mention I suggest you consider that perhaps the OP might not think the same way you do. :)

That's why I always ask questions to make sure that I'm clear as to what all the facts are. Assuming that the agent is not an attorney, however, that doesn't necessarily mean that the agent is prohibited from validly exercising the power of attorney. Again, as I said before, it matters who the agent is, what powers the agent has, and what the agent will actually be doing with respect to the divorce, and we have none of that information here.
 
Maybe that would have been mentioned, maybe not. Based on over two decades as a lawyer I can tell you that even my own clients often fail to mention things that you might think would be obvious to bring up. So just because you think it would be something the OP would obviously mention I suggest you consider that perhaps the OP might not think the same way you do. :)

That's why I always ask questions to make sure that I'm clear as to what all the facts are. Assuming that the agent is not an attorney, however, that doesn't necessarily mean that the agent is prohibited from validly exercising the power of attorney. Again, as I said before, it matters who the agent is, what powers the agent has, and what the agent will actually be doing with respect to the divorce, and we have none of that information here.
Fair enough
 
Found out that he has given POA to someone to finish the divorce. Is using a POA for a divorce allowed?

Depends on what exactly "finish the divorce" and "using a POA for a divorce" might mean, but a POA cannot confer authority on a non-lawyer to act as a lawyer.

So what can I do if this does go to court?

All divorces "go to court." If you're asking what will happen if a hearing or trial occur and a non-lawyer shows up to represent your spouse, the answer is likely that the court will refuse to hear from the non-lawyer and continue the matter so that your spouse can obtain representation.
 
Hmmmm......
 
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