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Can someone use a POA for divorce?

Discussion in 'Divorce, Separation, Annulment' started by Patricia Matheson, Nov 25, 2020.

  1. Patricia Matheson

    Patricia Matheson Law Topic Starter New Member

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    Jurisdiction:
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    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?
     
  2. Zigner

    Zigner Well-Known Member

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    No.
     
  3. Patricia Matheson

    Patricia Matheson Law Topic Starter New Member

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

    Zigner Well-Known Member

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    I suggest that you contact an attorney to handle your upcoming divorce matter.
     
  5. Tax Counsel

    Tax Counsel Well-Known Member

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    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.
     
  6. Zigner

    Zigner Well-Known Member

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    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.
     
  7. Tax Counsel

    Tax Counsel Well-Known Member

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    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.
     
  8. Zigner

    Zigner Well-Known Member

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    Fair enough
     
  9. zddoodah

    zddoodah Well-Known Member

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    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.

    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.
     
  10. army judge

    army judge Super Moderator

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    Hmmmm......
     
  11. Patricia Matheson

    Patricia Matheson Law Topic Starter New Member

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    No the person with the POA is not a lawyer. She has know my husband since he got out of prison. And I have never met the woman
     
  12. Tax Counsel

    Tax Counsel Well-Known Member

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    Ok, so she is not a lawyer. But that still does not tell me what exactly she is going to do for him in the divorce. That's an important detail to figure out if there is any problem with it.
     
    zddoodah likes this.
  13. Disabled Vet

    Disabled Vet Active Member

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    Hey.... He left you for another women. Why don't just divorce him as quick as possible?
     

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