Is a divorce by bed and board be recognized by the social security administration?
12/19/2008 - Divorce - State: GA #14832
Will a divorce by bed and board be recognized by the social security administration as a divorce in order for the wife to receive social security benefits of a previous husband of 12 years?
A bed and board divorce means that the husband and wife are officially separated and neither can marry another person. It is a qualified or partial divorce based upon fault, usually desertion or cruelty, as defined by state laws, which vary by state. It is sometimes brought by an injured spouse to get the court to order the other spouse out of the residence.
Although the procedure and most issues involved are similar, a legal separation does not end a marriage. You cannot marry someone else if you are legally separated (and not divorced). A legal separation is for couples that do not want to get divorced but want to live apart.
The following are Georgia statutes:
19-5-3. The following grounds shall be sufficient to authorize the granting of....
The following grounds shall be sufficient to authorize the granting of a total divorce:
(1) Intermarriage by persons within the prohibited degrees of consanguinity or affinity;
(2) Mental incapacity at the time of the marriage;
(3) Impotency at the time of the marriage;
(4) Force, menace, duress, or fraud in obtaining the marriage;
(5) Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband;
(6) Adultery in either of the parties after marriage;
(7) Willful and continued desertion by either of the parties for the term of one year;
(8) The conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment in a penal institution for a term of two years or longer;
(9) Habitual intoxication;
(10) Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health;
(11) Incurable mental illness. No divorce shall be granted upon this ground unless the mentally ill party has been adjudged mentally ill by a court of competent jurisdiction or has been certified to be mentally ill by two physicians who have personally examined the party; and he has been confined in an institution for the mentally ill or has been under continuous treatment for mental illness for a period of at least two years immediately preceding the commencement of the action; and the superintendent or other chief executive officer of the institution and one competent physician appointed by the court, after a thorough examination, make a certified statement under oath that it is their opinion that the party evidences such a want of reason, memory, and intelligence as to prevent the party from comprehending the nature, duties, and consequences of the marriage relationship and that, in the light of present day medical knowledge, recovery of the party's mental health cannot be expected at any time during his life. Notice of the action must be served upon the guardian of the person of the mentally ill person and upon the superintendent or other chief executive officer of the institution in which the person is confined. In the event that there is no guardian of the person, then notice of the action shall be served upon a guardian ad litem, who shall be appointed by the court in which the divorce action is filed, and upon the superintendent or chief executive officer of the institution in which the person is confined. The guardian and superintendent shall be entitled to appear and be heard upon the issues. The status of the parties as to the support and maintenance of the mentally ill person shall not be altered in any way by the granting of the divorce;
(12) Habitual drug addiction, which shall consist of addiction to any controlled substance as defined in Article 2 of Chapter 13 of Title 16;
(13) The marriage is irretrievably broken. Under no circumstances shall the court grant a divorce on this ground until not less than 30 days from the date of service on the respondent.
19-5-4. (a) No divorce shall be granted under the following circumstances:
(a) No divorce shall be granted under the following circumstances:
(1) The adultery, desertion, cruel treatment, or intoxication complained of was occasioned by the collusion of the parties, with the intention of causing a divorce;
(2) The party complaining of the adultery, desertion, cruel treatment, or intoxication of the other party was consenting thereto;
(3) Both parties are guilty of like conduct; or
(4) There has been a voluntary condonation and cohabitation subsequent to the acts complained of, with notice thereof.
(b) In all such cases, the respondent may plead in defense the conduct of the party bringing the action and the jury may, on examination of the whole case, refuse a divorce.
19-5-5. (a) The action for divorce shall be brought by written petition and....
(a) The action for divorce shall be brought by written petition and process, the petition being verified by the petitioner.
(b) The petition shall show:
(1) The residence or last known address of the respondent;
(2) That the applicant meets the residence requirements for bringing an action for divorce or that the applicant is bringing a counterclaim and is not required to meet the residence requirements;
(3) The date of the marriage and the date of the separation;
(4) Whether or not there are any minor children of the parties and the name and age of each minor child;
(5) The statutory ground upon which a divorce is sought; and
(6) Where alimony or support or division of property is involved, the property and earnings of the parties, if such is known.
(c) The respondent, at any time before trial, may file with the court a written demand for a detailed statement of the facts on which the grounds in the petition are predicated. The respondent shall cause a copy of the demand to be served upon the petitioner or upon the petitioner's counsel of record and the facts demanded shall be added to the petition in the form of an amendment thereto.
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12/19/2008 - Category: Divorce - State: GA #14832
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