Can my wife use a Power of Attorney to start the divorce process while I’m deployed overseas?

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Can my wife use a Power of Attorney to start the divorce process while I’m deployed overseas?

Asked on December 4, 2010 under Family Law, Texas

Answers:

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

Answered 10 years ago | Contributor

She can start the divorce process by seeking legal counsel, etc., but there are special laws that protect you while being deployed and she can not use the power of attorney to sign anything on your behalf in that regard.  If she did then it would be  big problem for her down the road.   It may be a good idea for you to revoke the power of attorney at this point in time. I am concerned about house transfers and other things that she could use the power of attorney for.  And consider speaking with an attorney yourself at this point in time to protect your assets, etc.  Good luck and thank you for serving our country.


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