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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 28046
Experience:  Attorney with experience in family law.
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My husband and I have decided to divorce. He decided to move

Customer Question

My husband and I have decided to divorce. He decided to move back to Korea in November. Prior to leaving he prepared a power of attorney document authorizing me to sign for him. Can I use that to sign his name on a dissolution of marriage petition in WA?
Submitted: 12 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 12 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

A Power of Attorney unfortunately cannot represent someone in court, and it would be a conflict of interest for you to represent him against you, even if you could. He can hire a local attorney to represent him in the divorce, or you can file the divorce papers on your own, in your name. When he does not respond, the judge will go ahead and enter the divorce. You do have to serve him with notice of the divorce, but he doesn't have to respond. If he wants to respond, he can download the forms off the internet and mail them to the courthouse. Another option is for him to download and fill out the Petition for Dissolution of Marriage form, sign it, and mail it to you. You could then take it to the courthouse along with the Acceptance of Service and Response to Petition forms.

All of the forms needed to file the divorce, for both of you, are available online.

https://www.courts.wa.gov/forms/?fa=forms.contribute&formID=13

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