Legal Question in Family Law in Florida
A divorce petition was filed in January. The receiving spouse did not respond and has been in default since April. That same spouse has also postponed mediation and changed attorneys. Now that same spouse is considering committing himslef for mental illness and assigning their parent as an agent with Power of Atttorney in Ocotber. There is a hearing/ trial pending on Nov 2nd. Will the divorce proceedings continue with the Power of attorney or will the proceeding be stopped until the spouse in able to proceed?
2 Answers from Attorneys
Divorce cannot be done by power of attorney. Nor can mediation. The divorce may end up getting delayed.
The power of attorney only allows someone to act in someone elses absence . In divorce cases usually the parties are the main witnesses.Is the mental health claim real ? I doubt many judges in palm beach county will continue the case without proof (medical) that this person is
not able to attend their own trial-in a month? I practice locally to you if you need assistance e-mail me your phone number to discuss.
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