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?
2 Answers from Attorneys
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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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.