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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7647
Experience:  Experienced Family Law Attorney
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A SPOUSE WANTS THEIR DIVORCE. HAVEN'T LIVED WITH THE OTHER

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A SPOUSE WANTS THEIR DIVORCE. HAVEN'T LIVED WITH THE OTHER SPOUSE FOR OVER 5 YEARS. THE OTHER SPOUSE BEGAN THE DIVORCE PETITION IN CALIFORNIA. NOW THE OTHER SPOUSE DOES NOT WANT TO SIGN BECAUSE SHE WANTS TO STAY MARRIED FOR 10 YEARS AND GET SOCIAL SECURITY. DOES SOCIAL SECURITY STOP PAYING WHEN INCARCERATED. YES. DOES SOCIAL SECURITY FIND HALF WAY HOUSES SUPPORTED BY GOVERNMENT INCARCERATED TIME. YES. SO. WHEN SHE WAS INCARCERATED DOES THE TIME STOP ON THE MARRIAGE IF THE OTHER SPOUSE DOES NOT SEE HER.?
Submitted: 8 months ago.
Category: Family Law
Expert:  LegalGems replied 8 months ago.
The administration does not consider legal separation; rather the 10 years is referenced by looking at the date of the marriage, and the date of the divorce:Sec. 216. [42 U.S.C. 416] For the purposes of this title—Spouse; Surviving Spouse(a)(1) The term “spouse” means a wife as defined in subsection (b) or a husband as defined in subsection (f).(2) The term “surviving spouse” means a widow as defined in subsection (c) or a widower as defined in subsection (g).Wife(b) The term “wife” means the wife of an individual, but only if she (1) is the mother of his son or daughter, (2) was married to him for a period of not less than one year immediately preceding the day on which her application is filed, or (3) in the month prior to the month of her marriage to him (A) was entitled to, or on application therefor and attainment of age 62 in such prior month would have been entitled to, benefits under subsection (b), (e), or (h) of section 202, (B) had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section (subject, however, to section 202(s)), or (C) was entitled to, or upon application therefor and attainment of the required age (if any) would have been entitled to, a widow’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 2 of the Railroad Retirement Act of 1974[211], as amended. For purposes of clause (2), a wife shall be deemed to have been married to an individual for a period of one year throughout the month in which occurs the first anniversary of her marriage to such individual. For purposes of subparagraph (C) of section 202(b)(1), a divorced wife shall be deemed not to be married throughout the month in which she becomes divorced. Divorced Spouses; Divorce(d)(1) The term “divorced wife” means a woman divorced from an individual, but only if she had been married to such individual for a period of 10 years immediately before the date the divorce became effective.(2) The term “surviving divorced wife” means a woman divorced from an individual who has died, but only if she had been married to the individual for a period of 10 years immediately before the date the divorce became effective.(3) The term “surviving divorced mother” means a woman divorced from an individual who has died, but only if (A) she is the mother of his son or daughter, (B) she legally adopted his son or daughter while she was married to him and while such son or daughter was under the age of 18, (C) he legally adopted her son or daughter while she was married to (him and while such son or daughter was under the age of 18, or (D) she was married to him at the time both of them legally adopted a child under the age of 18.(4) The term “divorced husband” means a man divorced from an individual, but only if he had been married to such individual for a period of 10 years immediately before the date the divorce became effective.(5) The term “surviving divorced husband” means a man divorced from an individual who has died, but only if he had been married to the individual for a period of 10 years immediately before the divorce became effective.(6) The term “surviving divorced father” means a man divorced from an individual who has died, but only if (A) he is the father of her son or daughter, (B) he legally adopted her son or daughter while he was married to her and while such son or daughter was under the age of 18, (C) she legally adopted his son or daughter while he was married to her and while such son or daughter was under the age of 18, or (D) he was married to her at the time both of them legally adopted a child under the age of 18.(7) The term “surviving divorced parent” means a surviving divorced mother as defined in paragraph (3) of this subsection or a surviving divorced father as defined in paragraph (6).(8) The terms “divorce” and “divorced” refer to a divorce a vinculo matrimonii That information is here Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
Expert:  LegalGems replied 8 months ago.
Checking in while the question is still open to see how things worked outHave a great day!

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