Is a divorce by bed and board be recognized by the social security administration?
Full Question:
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?
12/19/2008 |
Category: Divorce |
State: Georgia |
#14832
Answer:
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.
