Cn I use my durable POA to sign divorce documents?

I currently live in one state; my husband is incarcerated in another. We have agreed to file for divorce and he has given me durable power of attorney since then to complete the divorce in a timely manner. I have letters from him stating that he agrees on the divorce and would send me the POA to complete it if possible. Am I able to sign divorce documents for him?

Asked on July 31, 2012 under Family Law, Utah


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under these circumstances the POA could be held invalid and your use a real problem for you under the law. He could have the documents set aside.  If he is agreeable then he just has to execute certain documents of affidavits waiving service of the pleading s and consenting.  Please seek legal help here.  Protect yourself.  Good luck.

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