Legal Question in Family Law in Tennessee

power of attorney for deployed soldier

Ihave power of attorney for my daughter who is deployed to iraq and she won't be back until Feb. of 2004 and she has a Sept.court date set for her divorce. I need to know if it is possible fo me to appear in court for her.It is a no contest divorce and her husband signed a waiver of service of process and filing an answer form. i also need to know if ny other paperwork is required for her name change if it is allready requested in the marital settlement aggrement. THANK YOU --name removed--Fields


Asked on 8/13/03, 11:37 am

2 Answers from Attorneys

Wayne Comer Wayne E. Comer, Esquire

Re: power of attorney for deployed soldier

You spoke of a court "APPEARANCE". I doubt that you intended to use this word in its specific legal sense which is to appear as a legal advocate for a person. If you are merely the agent for your principal you may NOT "appear" as counsel. In any case, it looks like the problem does not involve acting as counsel but in giving the testimony which would be required from your

principal. (daughter) As her "agent", you could not give the testimony required. My suggestion is that you arrange for your daughter to be deposed before a notary public or equivilent if cannot attend court. The transcript of her depositon could be read at the hearing in lieu of her testifying in person. Finally, I believe this situation calls for retaining a divorce lawyer!

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Answered on 8/13/03, 11:58 am
Misty D. Becker Rikard & Dobson, P.L.L.C

Re: power of attorney for deployed soldier

Normally, all legal proceedings usually are and should be put on hold until your daughter is no longer oconus (Outside the Continental U.S.)and in active duty. This is done in accordance with the Soldiers and Sailors Relief Act. Try speaking with the Clerk of the Court for your daughter's Judge - that person may be able to direct you on what to do. The proceedings should be placed on hold until she can come back and testify. It may help to hire an attorney to insure that all the necessary steps are taken in this divorce.

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Answered on 8/13/03, 12:45 pm


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