KMPeters
recently joined
Reged: 05/15/12
Posts: 2
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I can't find anything on military divorce regarding to POA's. The situation is that my daughters husband is deployed, they have been living apart for over a year now. His father has POA and has told her that he can file for divorce on his sons behalf using the POA. I don't believe this is true, but need advice on it all. I have told her not to sign anything that she gets in the mail from her father-in-law because it would have to be her husband that has to sign the papers for divorce, not his father. Am I thinking the right way? It would only make sense that the persons that are married would have to be the ones to sign the papers. He will be home around October/November from deployment. AND in March he married someone else knowing he was not divorced from my daughter. So he's got himself in a world of trouble from that too. But any advice would be greatly appreciated. I want to make sure I'm telling her the right things.
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elliesmom
Carpal \'Tunnel
Reged: 11/07/05
Posts: 8834
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Technically he can sign any legal document on behalf of his son. Including this. But I wouldn't want my divorce subject to any legal challenge by having him sign the final decree. In addition to filing/signing he (your futureexsoninlaw) still has to appear in court. A lawyer could appear in court on his behalf, but I doubt he or she would be willing to do that on only a POA. I don't see the issue on the filing for divorce - he should be able to do that no problem, but why wouldn't your D just file?
While *improper* to marry someone else, unless he had intent to defraud her in many states the "crime" he committed was merely lying on a marriage license. The marriage can be annulled with little consequences. In order to be valid actually - it WILL have to be annulled and then they remarry. Regardless of when or who files for divorce. For one, DEERS won't let you have a "begin" date for a marriage that precedes the "end" date for another. So he will be spending some time fixing all this. At least he isn't your D's problem anymore.
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Forgiveness is...letting go of the hope that the past can be changed.
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KMPeters
recently joined
Reged: 05/15/12
Posts: 2
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She has never filed because he had her believing for the last year that he had already filed for divorce, when in fact he had not. He lied to the other girl he married and said he was divorced, but could never show her the papers when she asked.
I understand that it wasn't a real "crime" he committed in the state he married. But he is in the military and it is against military regulations to even have relations with someone else while you are still technically married, even if separated. But to get married to someone else and not even have ever filed for divorce is a big no no.
And I did some research on different state regulations regarding a divorce. In the state his father lives in, one of the parties has to be a resident for at least one year, neither one of them are. And in the state that my son-in-law is a resident, the parties have to be living apart for 2 years before they can get a divorce, which they have only been apart for a year. So technically his father can't file for a divorce in either state he's going to due to the divorce laws.
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elliesmom
Carpal \'Tunnel
Reged: 11/07/05
Posts: 8834
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I hate to break this to you - but at the end of the day the military probably won't care. Unless he was boinking a subordinate - they tend to stay out of it unless it affects his security clearance or his job is overmanned or something.
You keep saying lives in? As a service member he has the right (under federal law) to be sued for divorce in the state he is a legal resident of, the state he is stationed in, or his home of record. But he can waive that right, if say, he wants to get this over with and your daughter lives in a state with fast divorces so SHE can sue there. I get that he lied, but now she knows. I would ditch this dude ASAP and not waste another 5 seconds thinking about how he is going to deal with the mess he created in his life. That isn't your problem anymore.
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Forgiveness is...letting go of the hope that the past can be changed.
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