Legal Question in Family Law in New Jersey

Filing divorce through power of attorney

In NJ can a mother who has power of attorney over her daugher file a divorce complaint on behalf of said daughter?


Asked on 12/30/08, 7:13 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Filing divorce through power of attorney

The person who is filing the divorce needs to sign the divorce complaint.

The mother could pay the filing fee and mail the divorce complaint for the daughter.

But the daughter MUST want to file the divorce, and must sign off on the complaint.

This question seems like part of a bigger problem.

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Answered on 1/04/09, 8:13 pm
Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Filing divorce through power of attorney

It depends on the language in the power of attorney, and the circumstances regarding the competency of your mother. I would sugguest you consult with an attorney in your area who can review the specific facts of your matter and read your power of attorney.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 12/31/08, 9:27 am


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