Can I file divorce papers for my brother who is an active duty military soldier?

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Can I file divorce papers for my brother who is an active duty military soldier?

Asked on January 24, 2013 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

You can file the documents for him, but you must get him to sign the documents--you can't sign for him.  You can send him the documents electronically (PDF, etc.) and have him remit them back to you electronically after he signs.  Have him separately mail you the originals by regular mail--so that you have them on file just in case.  Write the following language on the documents above where he signs:

Fax/Electronic Signature in Compliance with Cal. Rule of Court 2.305(d).

He would need to file the following to start a divorce:

-FL-100

-FL-110

-FL-105 (if there are any children)

 

Filing the paperwork doesn't complete the process.  IN addition, if there are any hearings--you cannot go on his behalf because that would be practicing law without a license.  Sooner or later, he should hire a local family law attorney to assist him in this matter.

 


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