Q: I recently separated from my marital home bc my spouse allowed his 28 year old son who is using illegal drugs to move in
I am in need of financial support but I don’t want to begin a divorce proceeding yet bc in 9 mths I been married 10 years. And 10 yrs is required to be able to receive social security benefits once I’m 62. This is important to me as my spouse hasn’t set aside any retirement & I am 49 & will need support as I age. Is it legally safe to file for divorce but not file the final judgment until after our 10th anniversary, which is 9 months from now. We don’t have biological children together, so we only need to be separated 6 mths in order for one of us to file the final judgment. But am I still considered married until the final judgment is filed or am I considered not married 10 years if I start the process now, with 9 months to go?
A: I applaud you for seeking information in advance---but you have specific questions which in this case yoou should seek a conult or 2 with family law attorneys in your parish ---discuss the specifics of your matter and then decide on the best route to take to maximize the chances of protcting yourself. Good luck.
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