Saturday, May 19, 2012

Can my attorney sign my divorce papers?

Question by : Can my attorney sign my divorce papers? I paid my attorney on June 9th to file a very simple uncontested divorce. (It now has been 3 months since I paid him) After nothing being filed after 2 months, with the advice of the SC Bar, I sent him a certified letter dismissing him as my attorney and requesting that he return my money. I had already left him a voice mail and email stating the same thing. Of course, he never picked up the certified mail. I filed the divorce papers in the courts on Aug 25th. Sent them to my spouse and already recieved the "green card" back from the PO. On Sept 2, I get a call from this attorney stating that he filed my paper that day. Question is...............How did he file these papers without my signature on anything? How was he able to file a duplicate divorce? Does he need my signature to file? What can I do now? I told him that I already contact the Bar about this and he laughed at me and said they are not going to do anything. And also told me that I was very bossy and that is why my husband left me. Little does he know why "I" left him 5 years ago! Thanks for nay help with this matter. I will be at the court house Tuesday as soon as the doors open to see if I can close the case that he opened! Yosemite............Thank you for the insight. But I never signed a single piece of paper with him. Any idea on how I should proceed. I think he is a fly by night attorney. No office only a PO box address. Best answer:

Answer by Yosemitesam
If you sign legal papers giving power of attorney and the attorney signs "proof of power" the attorney should be able to sign.In fact anyone not just your attorney should be able to sign as long as you give them power of attorney.As long as they sign showing "proof of power"

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