Legal Question in Family Law in California

Power of Attny, and Divorce

My estranged husband and I have been seperated for approximately 2 years. I have even gone as far as petitioning for divorce back last summer however have never filed the proof of service. Dilemna, he has been called to active duty and is scheduled to leave soon. He has decided to give me full power of attorney. (We are still close, just not compatible as husband/wife.) We have 2 children. he is aware that I filed, was served and defaulted knowing it was the right thing to do under our circumstances. He will be leaving for a period of nine months, and may not disclose his location due to security clearance. If needed, would I be able to sign his name on the divorce paperwork? It seems this would be very shady, although I have not come across anything stating this was unacceptable. Should I have him write a letter and have it notarized before power of attny comes into effect? I appreciate your time and consideration.

Sincerely,

kdi


Asked on 1/25/05, 9:01 pm

1 Answer from Attorneys
Mona Montgomery Mona Montgomery, Attorney at law

Re: Power of Attny, and Divorce

The holder of your husband's power of attorney you are his fiduciary and may not sign his name against his self interest. No, you may not sign his name on the proof of service of your petition for divorce. Your instincts were correct.

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Answered on 1/27/05, 1:36 pm


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