Hunt, TX Divorce Law Firms & Lawyers

Yes, a spouse can sign a power of attorney authorizing someone else to take care of any matters the spouse could personally do, as long as they mentally competent, regardless of whether they are incarcerated or not.  A spouse does not have "a right to everything" if the other spouse is incarcerated.  Spouses often own community property which is subject to their joint control.  A spouse signing a power of attorney does not negate the other spouse's rights with respect to joint management community property.  Spouses often also own property that is one spouse's separate property or is the sole management community property of one spouse.  A power of attorney signed by a spouse can give the attorney-in-fact named in the POA the authority to control the separate property and the sole management community property of the spouse that signed the POA.

You should hire an attorney who practices in the area of family law in or near the county where you live to file a divorce action.  Unless your case is unusually complicated, you should be able to find an attorney who is willing to accept your case for an initial retainer of $5,000-10,000 depending upon your particular facts and circumstances.  That attorney may be able to secure child support for you as well as reimbursement for attorney fees if you lack control of sufficient community funds to pay your attorney and have to borrow or charge the retainer on a credit card if your wife does have control of community funds.

Unfortunately, there is not a simple answer to your question. Each county is under its own set of rules during COVID-19.  Many counties are waiving the requirement for a prove-up appearance for agreed divorces. However, you still cannot get divorced in Texas until after the "cooling off" period. In Texas, this is 60 days from the date of filing for divorce. An attorney can file and draft your agreed paperwork.  Should your county still be under quarantine after the "cooling off" period, then they can also draft the paperwork necessary to meet the prove-up requirement by submission.