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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year 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.


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