Can a wife with legal general power of attorney sign her husband’s name to a no-fault divorce?

UPDATED: Oct 2, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 2, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a wife with legal general power of attorney sign her husband’s name to a no-fault divorce?

I want a divorce and will ask for no marital assests pension distribution alimony or support. No children are

involved. I have his legally signed general power of attorney. Can I sign his name to a no-fault divorce?

Asked on August 19, 2019 under Family Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot, because the power of attorney comes with a "fiduciary duty" or a duty to 1) act loyally to his interests and 2) not use it to benefit yourself at his expense. Signing his name to a no-fault divorce would violate this duty: you would be using the POA to accomplish what you want, not what he wants (since if he wanted it, he would just sign it himself). The POA is for you to use it for his benefit, not against him.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption