QUESTION

If I have a POA, will I be able to file a divorce for my daughter and her husband since both are out of the country?

Asked on Jun 17th, 2013 on Divorce - Michigan
More details to this question:
My daughter is in the army. Her husband is in the navy. She is in Germany and he is in Japan.
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4 ANSWERS

Unless the poa specifically provides for court representation, then it would not be possible to file an action in the principal's name.
Answered on Jun 20th, 2013 at 8:30 PM

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Your daughter and her husband can sign the divorce documents. We have represented many couples out of the country and have sent the necessary documents via the internet and then had them mail back the original signatures so that they can be filed with the court. As long as your son in law and daughter meet the necessary residency requirements, they can file for divorce in Nevada.
Answered on Jun 18th, 2013 at 12:00 PM

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A power of attorney cannot authorize an agent to perform acts that would be considered the practice of law. Powers of attorney often include provisions empowering the agent to "pursue claims and litigation." This provision permits the agent to act on behalf of the principal as the client in a lawsuit. An attorney-in-fact (the holder of a power of attorney) may make decisions concerning litigation for the principal, such as deciding to settle a case, but a nonlawyer attorney-in-fact may not act as lawyer to implement those decisions. Nor may an agent appear on behalf of a principal in court as a pro se party; only the real party in interest the principal, not a nonlawyer agent is permitted to appear in court pro se.
Answered on Jun 18th, 2013 at 10:33 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It is possible to file and prosecute a divorce even though they are out of the country. Generally it is not done with a POA but by hiring an actual attorney.
Answered on Jun 18th, 2013 at 9:30 AM

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