Legal Question in Family Law in Virginia
My Son-in-law is in the military in Colorado and has given his mother POA here in Virginia.
Will the POA hold up in divorce court if his mother comes and he does not?
1 Answer from Attorneys
A POA should not be necessary. If your son in law is the defendant,
under the Servicemembers Civil Relief Act, he can request of the court
involved that all matters relating to the divorce be stayed until he is in
a position to deal with it when he returns to Virginia.
However, in the event that your son in law is the plaintiff in a divorce matter,
he can file his complaint in the appropriate court in Colorado once he
has qualified as a legal resident of that state and should be able to
prosecute the divorce to completion in that particular jurisdiction without
giving his mother a Power of Attorney.
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