M21-1, Part III, Subpart Iii, Chapter 5, Section B

Department of Veterans Affairs M21-1, Part III, Subpart iii Veterans Benefits Administration January 20, 2016 Washington, DC 20420 Key Changes

Changes The table below describes the changes included in this revision of Veterans Inclu Benefits Manual M21-1, Part III, “General Claims Process,” Subpart iii, ded “General Development and Dependency Issues.” in This Notes: Revi The term “regional office” also includes pension management center, where sion appropriate. Minor editorial changes have also been made to improve clarity and readability update incorrect or obsolete references reassign alphabetical designations to individual blocks, where necessary, to account for new and/or deleted blocks within a topic update the labels of individual blocks and the titles of sections and topics to more accurately reflect their content, and bring the document into conformance with M21-1 standards.

Reason(s) for the Change Citation  To remove as unnecessary the prepositional phrase “between members of M21-1, Part III, the same or opposite sex.” (With very few exceptions, the Department of Subpart iii, Veterans Affairs (VA) treats marriages between members of the same sex Chapter 5, in the same way it treats marriages between members of the opposite Section B, Topic sex.) 1, Block a  To add a note (based on content pulled from (old) III.iii.5.B.3.b) that (III.iii.5.B.1.a) provides instructions for determining what the legal requirements are for a valid marriage in a specific locality.  To remove as unnecessary the reference to VA’s web page that lists states that recognize same-sex marriages. (All states must now recognize same-sex marriages.)  To relocate the content of (old) III.iii.5.B.3.a. III.iii.5.B.2.a  To remove the note stating that VA does not require a claimant to provide the state in which a marriage took place if the city of marriage, such as Atlanta or Chicago, is well-known. (This note already exists in III.iii.5.A.4.b, and III.iii.5.B.2.a includes a reference to III.iii.5.A.4.b.)  To add notes that briefly summarize relevant content in III.5.A.4.f and g.  To remove as unnecessary the prepositional phrase “in a same sex or III.iii.5.B.2.b opposite sex marriage.” (With very few exceptions, VA treats marriages between members of the same sex in the same way it treats marriages between members of the opposite sex.)  To remove the reference to VBA Letter 20-14-08, Administration of Same-Sex Spousal Benefits. (This letter has been replaced by VBA Letter 20-15-16, and a reference to the new letter already exists in III.iii.5.B.1.a.)  To remove the reference to VAOPGCPREC 4-2014. (This opinion is no longer relevant since all states must now recognize same-sex marriages.) To remove the Introduction Block since there is now only one Block a in III.iii.5.B.3 Topic 3. To delete old Block a as unnecessary now that relevant guidance has been III.iii.5.B.3.a incorporated in other parts of the manual. (old) To delete old Block b as unnecessary now that relevant guidance has been III.iii.5.B.3.b incorporated in other parts of the manual. (old) To update old Block c with instructions for documenting successful and III.iii.5.B.3.a unsuccessful attempts to contact an individual by telephone (by referring the reader to III.iii.1.B.1.d) and renaming the Block as Block a. To state that VA does not require the submission of documentary evidence III.iii.5.B.4.a to remove a dependent from a beneficiary’s award. To update instructions for documenting successful and unsuccessful III.iii.5.B.4.b attempts to contact an individual by telephone (by referring the reader to III.iii.1.B.1.d).  To update the instructions for documenting successful and unsuccessful III.iii.5.B.5.a attempts to contact an individual by telephone (by referring the reader to III.iii.1.B.1.d).  To state that VA does not require completion of a specific form or submission of documentary evidence to remove a dependent from a beneficiary’s award.  To refer the reader to III.iii.5.A.4.d for instructions for removing a dependent from a beneficiary’s award. To reformat the list of alternative evidence accepted as primary evidence III.iii.5.B.5.b of an individual’s death from the block bulleted list into a table. To clarify guidance regarding legality of marriages that may have been III.iii.5.B.6.a registered with local governments but may still not be considered valid for VA purposes. To clarify guidance regarding when marriages may be considered void. III.iii.5.B.6.b To clarify guidance regarding the effect of recognizing a marriage as void. III.iii.5.B.6.c To clarify the individuals from whom certified statements should be III.iii.5.B.6.d collected to aid in the determination of whether a marriage is void. To delete the Introduction Block now that Topic 7 only has one Block a. III.iii.5.B.7 To consolidate the content of old Blocks III.iii.5.B.7.a and b into a single III.iii.5.B.7.a Block a with an updated table. To delete old III.iii.5.B.7.b, except for the content that was relocated (as -- noted above) to III.iii.5.B.7.a. The deleted content added nothing of value, especially in light of the new requirement that claimants complete and submit a prescribed form in order to add a dependent to an award of benefits.

Rescissions None

Authority By Direction of the Under Secretary for Benefits

Signature

Thomas J. Murphy, Director Compensation Service

Distribution LOCAL REPRODUCTION AUTHORIZED Section B. General Information on Establishing the Validity of a MarriageMarital Relationship for Department of Veterans Affairs (VA) Purposes Overview

In This Section This section contains the following topics:

Topic Topic Name 1 (old 5) Requirements for Establishing the Validity of a MarriageMarital Relationship 2 (old 6) Proving Acceptable Proof That a MarriageMarital Relationship Is Valid 3 (old 7) Undertaking Development toGuidelines for Establishing the Validity of a MarriageMarital Relationship 4 (old 8) Proving and Developing for Termination of Marriage Through Annulment or Divorce 5 (old 9) Termination of Marriage Through Death 6 (old 10) Determining Whether a Marriage is Void 7 (old 11) Determining Whether anRemoval of Impediments to Marriage Has Been Removed 1. Requirements for Establishing the Validity of a MarriageMarital Relationship

Introduction This topic contains information on the requirements and development guidelines for establishing the validity of a marriagemarital relationship, including

establishing what constitutes a valid marriage for Department of Veterans Affairs (VA) purposes who is free to marry, and deeming a marriage valid in a death casewhen determining entitlement to survivors benefits.

Change Date January 20, 2016June 4, 2015 a. Establishing It is possible for Department of Veterans Affairs (VA) Before paying benefits Wha for a Veteran’s spouse or to a Veteran’s surviving spouse,to be paid or t increased if a determine whether the marriage between the Veteran and Cons his/her spouse is established valid for Department of Veterans Affairs (VA) titute purposes. s a Vali d A marriage is valid(between members of the same or opposite sex) may be Mar established for VA purposes if the marriage is was valid under the law of the riage locality where the parties to the marriage resided for VA at the time of marriage, or Purp when the claimant filed a valid claim (or became eligible for benefits, if oses eligibility arose after the date of claim).

Note: If the legal requirements for a marriage in the locality where the parties to the marriage resided are unknown, use an internet search engine to search for a government-sponsored web site that lists the legal requirements.

References: For a current list of States that recognize same-sex marriages and the dates on which they began recognizing such marriages, click on the following hyperlink: http://www.va.gov/opa/marriage.  For more information on establishing the validity of a marriage for VA purposes, see 38 CFR 3.1(j).  For information about VA’s recognitionadministration of same-sex marriagesspousal benefits, see VBA Letter 20-1 4 5- 08 16, Administration of Same-Sex Spousal Benefits. For instructions on  undertaking development to establish the validity of a marriage, see M21- 1, Part III, Subpart iii, 5.B.3  adding a spouse to a Veteran’s award, to include assigning determining the appropriate effective date, see M21-1, Part III, Subpart iii, 5.L, or  establishing the validity of a marriage when determining entitlement to survivors benefits, see M21-1, Part III, Subpart iii, 5.E.For information on how toestablish a marriage for VA purposes, see 38 CFR 3.1(j), anddevelop for a valid marriage, see M21-1, Part III, Subpart iii, 5.B.4. b. Who Is Free In all jurisdictions in the U.S. and most other places in the world, a marriage to cannot be contracted if either party to the marriage is already married. Mar ry Establishment of a The fact that a marriage is “legal” marriage always implies a finding that the parties to the marriage were free to marry at the time of the alleged marriage. If either party was married previously, the current marriage may not be establishedis invalid unless the prior marriage iswas

terminated by  death  divorce  annulment, or determined to be void under State law.

Note: State court evidence rules regarding presumptions of the validity of the most recent marriage may not be used to establish the validity of a current marriage for VA purposes if there is evidence of a valid, prior marriage that is undissolved.

Reference: For information on what VA requires to prove that a prior marriage was terminated by death, divorce or annulment, see M21-1, Part III, Subpart iii, 5.B.4 and 5. c. Deeming a In death casesWhen determining entitlement to survivors benefits, it is Mar possible to “deem valid” a marriage for VA purposes even though the riage marriage is completely invalid under the law of the jurisdiction where the Vali alleged marriage occurred. d in a Reference: For more information on deemed-valid marriages, see M21-1, Deat h Part III, Subpart iii, 5.E.7. Case Whe n Dete rmin ing Entit leme nt to Surv ivors Bene fits 2. Proving Acceptable Proof That a Marriage Is ValidMarital Relationship

Introduction This topic contains information on what VA considers acceptable proof that a marriage is validproving a marital relationship, including

using entries a claimant makes on a prescribed form asacceptable proof of a valid marriage determining whether documentary evidence of marriage is required primary evidence of a valid marriage, and secondary evidence of a valid marriage.

Change Date January 20, 2016June 4, 2015 a. Acceptable A claimant must use one of the forms listed under M21-1 Part III, Subpart Usin iii.5.A.4.a when submitting a request to add a dependent to his/her award. g Except as noted in M21-1, Part III, Subpart iii, 5.B.2.b, VA accepts as proof Entri of a valid marriage, the entries a claimant makes on such formsVA Form 21- es a 686c, Declaration of Status of Dependents (or one of the prescribed forms Clai listed under M21-1 Part III. Subpart iii.5.A.4.a), as proof of marriage, mant Mak provided the form es on a  is complete, and Pres  has been signed by the claimant or his/her VA-recognized power of cribe attorney. d For Notes: VA does not require a claimant to provide the state in which a m as marriage took place if the city of marriage, such as Atlanta or Chicago, is Proo well-known.As stated in f of a Vali  M21-1, Part III, Subpart iii, 5.A.4.f, VA accepts a VA Form 21-686c that a d VA-recognized representative completes, signs and submits to VA on a Mar claimant’s behalf riage  M21-1, Part III, Subpart iii, 5.A.4.g, VA authorizes its regional office (RO) and call center employees to  complete VA Form 21-686c, using information they obtain from a claimant over the telephone, and  sign the form on the claimant’s behalf.

Exception: Pension Management Center (PMC) employees may not complete and sign VA Form 21-686c on a claimant’s behalf.

References: For more information on evidence to establish dependents and age, see 38 CFR 3.204For more information on processing regarding handling an incomplete VA Form 21-686cform the claimant submits for the purpose of adding a dependent to his or her award, see M21-1, Part III, Subpart iii, 5.A.4.b. b. Determining 38 CFR 3.204(a)(2) requires a claimant to submit the documentary evidence Whe of marriage described in 38 CFR 3.205 through 3.211 only if ther Docu the claimant does not reside within a State (as defined in 38 CFR 3.1(i)) ment VA Form 21-686c (or other prescribed form listed under M21-1 Part III, ary Subpart iii, 5.A.4.a) contains entries that conflict with one another, or raise a Evid ence question regarding the validity of the marriage, that cannot be resolved of through Mar  telephone contact with the claimant, or (if telephone contact cannot be riage made) is  review of documentary evidence already of record, or Requ there is reasonable indication of fraud or misrepresentation on the claimant’s ired part.

Notes:  The forms listed in M21-1, Part III, Subpart iii, 5.A.4.a do not ask claimants (in a same-sex or opposite-sex marriage) to identify for VA the location where they resided when the marriage took place or when they filed a claim to add a spouse to their award. The absence of this information alone does not trigger the requirement for documentary evidence of a marriage.  If a claimant identifies a U.S. city as his/her home of record but provides VA with an army post office (APO) or fleet post office (FPO) mailing address, it is generally acceptable to assume the claimant resides “within a State” for the purpose of this block.

References: For information on  the definition ofidentifying fraudulent actions, see M21-1 Part III, Subpart vi, 5.A.1.a  acceptable forms of primary or and secondary evidence of a valid marriage, see M21-1, Part III, Subpart iii, 5.B.2.ec and fd  the administration of same-sex spousal benefits, see  VBA Letter 20-14-08 and  VAOPGCPREC 4-2014. c. Primary Primary evidence of a valid marriage consists of a copy or abstract of the Evid public record of a marriage, or a copy of the church record of marriage, ence containing sufficient data to identify the of a Vali parties involvedto the marriage d date and place (city and/or county and State or country) of the marriage, and Mar riage number of prior marriages, if shown on the official record. d. Secondary If primary evidence of a valid marriage is unavailable, a marriage may still be Evid established by submission of the following evidence listed in the order of ence preference listed may be used instead: of a Vali d an official report from the Veteran’s service department as to a marriage that Mar occurred while the Veteran was in service riage an affidavit of the clergyman or magistrate who officiated in the marriage ceremony the original certificate of marriage, if VA is satisfied that it is genuine and free from alteration affidavits or certified statements signed by two or more witnesses to the marriage ceremony, or any other secondary evidence that reasonably supports a belief by the adjudicating activity that a valid marriage actually occurred.

Reference: For information on secondary evidence in jurisdictions where marriages other than by ceremony are recognized, see M21-1, Part III, Subpart iii, 5.C and D. 3. Undertaking Development Guidelines for to Establishing the Validity of a MarriageMarital Relationship

Introduction This topic contains the development guidelines for establishing marital relationship, including

requirement for dependency claims to be submitted on a prescribed form required knowledge for successful development of a marital relationship, and development for evidence of marital relationship

Change Date June 4, 2015January 20, 2016 a. Requirement As stated in M21-1, Part III, Subpart iii, 5.A.5.a, a claimant must submit a for Dependency request to add a dependent to his/her award on a specific form. Upon receipt Claims to be of a request to add a dependent that a claimant submits on anything other than Submitted on a one of the prescribed forms, follow the instructions in M21-1 Part III, Subpart Prescribed iii, 5.A.4.d. Form Reference: For information on how to handle an incomplete form, see M21-1 Part III, Subpart iii. 5.A.4.b. b. Required Successful development of a marital relationship for VA purposes requires Kno knowledge of wled ge where the claimed marriage took place (city and/or county and State or for country), and Succ the requirements for establishing a legal marriage in the jurisdiction where the essfu l marriage took place. Deve lopm Reference: For more information on establishing a marriage for VA ent purposes, see M21-1 Part III, Subpart iii, 5.B.1.a. of a Mari tal Relat ionsh ip ca. When required under the provisions of 38 CFR 3.204(a)(2) (as explained in Unde M21-1, Part III, Subpart iii, 5.B.2.b), undertake development to obtain the rtaki ng primary evidence of marriage described in M21-1, Part III, Subpart iii, Deve 5.B.2.c, or lopm Iif primary evidence of marriage cannot be obtained, undertake development ent to to obtain the secondary evidence described in M21-1, Part III, Subpart iii, Esta 5.B.2.d. blish the Note: When requesting evidence from a claimant, follow the instructions in Vali M21-1, Part III, Subpart iii, 1.B.1 and 2. dity of a Mar Important: riage To avoid claims-processing delays, attempt to request evidence of a valid for marriagemarital relationship by telephone. Evid  Follow the instructions in M21-1, Part III, Subpart iii, 1.B.1.d for ence documenting successful and unsuccessful attempts to contact a claimant by of telephone.Document all attempts to contact a claimant by telephone, Mari whether successful, or unsuccessful, as a system note in Modern Awards tal Processing – Development (MAP-D) or VBMS). Relat Send a letter requesting evidence of a valid marriagemarital relationship if ionsh the claimant cannot be reached by telephone, or ip contact by telephone is made with the claimant but he/she is unable to provide the evidence (by fax, e-mail, or in person) within 24 hours.

References: For information about  VA’s obligation to make reasonable efforts to obtain non-Federal records, see M21-1, Part I, 1.C.2.ba, or addresses to which requests for public records may be sent, see http://www.cdc.gov/nchs/w2w.htm. 4. Proving and Developing for Termination of Marriage Through Annulment or Divorce

Introduction This topic contains information on about marriages that are terminatedion of marriage through annulment or divorce, including

determining whether documentary evidence of termination of a marriage is necessary requesting documentary evidence of termination of a marriage, and additional actions that might be necessary after requesting documentary evidence of termination of a marriage.

Change Date June 4, 2015January 20, 2016 a. Determining Documentary evidence of the termination of prior marriages is not routinely Whe required. ther Docu VA accepts the entries a claimant makes on a completed and signed VA Form ment 21-686c (or other prescribed form listed under M21-1 Part III, Subpart iii, ary 5.A.4.a) as proof of termination of a marriage in the absence of contradictory Evid ence evidence of record (to include entries the claimant makes on the form) that of cannot be resolved through Ter mina reconciliation with other evidence of record, or tion telephone contact with the claimant. of a Mar Important: riage If a Veteran, spouse, or surviving spouse has had multiple marriages, request is documentary evidence of termination of only those marriages for which Nece contradictory evidence or information exists. ssary RO employees should not routinely search through a claims folder for the sole purpose of ensuring it contains no contradictory evidence. A review of other evidence contained in the claims folder should only be undertaken if there is reason to suspect the veracity of the information the claimant provided on the prescribed form, or to resolve discrepancies in entries the claimant made on the form, or evidence the claimant submitted. VA does not require completion of a specific form or submission of documentary evidence to remove a dependent from a Veteran’s beneficiary’s award.

References: If documentary evidence of termination of a marriage is necessary, follow the instructions in M21-1, Part III, Subpart iii, 5.B.4.b. If removal of a dependent from a Veteran’s beneficiary’s award is necessary, follow the instructions in M21-1, Part III, Subpart iii, 5.A.4.ed. b. Requesting Follow the instructions in the table below if documentary evidence of Docu termination of a marriage is necessary. ment ary Evid ence of Ter mina tion of a Mar riage

If a claimant indicates Then ask the claimant to submit … marriage was terminated by … annulment a copy or abstract of the annulment decree. divorce the original or a copy or abstract of the final divorce decree.

Notes: Some jurisdictions provide employ a two-step process for dissolving a marriage. First, an interlocutory decree of divorce is issued. Then, after passage of a specified period of time, a final divorce decree is issued. The parties in a divorce proceeding remain married until a final divorce decree is issued. An interlocutory decree of divorce does not dissolve a marriage. If a claimant submits an interlocutory decree of divorce as proof of termination of a marriage, ask him/her to submit a final divorce decree. Some States require a “cooling off” period between the date the divorce decree is issued and the actual date the final divorce occurs or takes effect. As provided in 38 CFR 3.206, the standards in the jurisdiction in which a divorce decree is issued are controlling for determining the effective date of a divorce.

Example: A divorce in Puerto Rico is not final until 30 days after the divorce decree is issued.

Reference: For more information on considering State laws when deciding issues involving dependents, see M21-1, Part III, Subpart iii, 5.A.1.j.

Notes: Send a letter requesting the evidence described in the table above if attempts to request the evidence by telephone are unsuccessful, or contact by telephone is made with the claimant but he/she is unable to provide the evidence (by fax, e-mail, or in person) within 24 hours.  Follow the instructions in M21-1, Part III, Subpart iii, 1.B.1.d for documenting successful and unsuccessful attempts to contact a claimant by telephone.Document all attempts to contact a claimant by telephone, whether successful, or unsuccessful, as a system note in MAP-D or VBMS.

References: For more information about requesting evidence using Modern Award Processing – Development (MAP-D), see the MAP-D User Guide, or Veterans Benefits Management System (VBMS), see the VBMS User Guide. c. Additional The table below describes additional actions that might be necessary after Actio requesting documentary evidence of termination of a marriage from a ns claimant. That Migh t Be Nece ssary After Requ estin g Docu ment ary Evid ence of Ter mina tion of a Mar riage

If ... Then ... a claimant is unable to locate attempt to locate the evidence on the the documentary evidence VA claimant’s behalf. requested to prove termination of a prior marriage References: For information about VA’s obligation to make reasonable efforts to obtain non-Federal records, see M21-1, Part I, 1.C.2.ba, or addresses to which requests for public records may be sent, see http://www.cdc.gov/nchs/w2w.htm. a claimant alleges termination instruct the claimant to obtain a new of a prior marriage by divorce, divorce decree. and documentary evidence of the Note: A claimant may initiate divorce divorce cannot be located proceedings even if the location of the other party to the divorce is unknown. a surviving spouse is filing a undertake development to establish a claim for death benefits, and deemed-valid marriage, according to the the surviving spouse is unable instructions in in M21-1, Part III, Subpart to prove termination of one or iii, 5.E.7. more of the deceased Veteran’s prior marriages

References: For information about terminating a common-law marriage through divorce, see M21-1 Part III, Subpart iii, 5.BC.1.c.

5. Termination of Marriage Through Death

Introduction This topic contains information on theabout marriages that are terminatedion of marriage through death, including

when to request evidence of death primary evidence to establishof death secondary evidence to establishof death, and circumstances under which VA may make a finding of death.

Change Date June 4, 2015January 20, 2016 a. When to Request evidence to establish the termination of a marriage through the death Requ of a spouse when est Evid a claimant’s entries on VA Form 21-686c (or other prescribed form listed ence under M21-1 Part III, Subpart iii, 5.A.4.a) conflict with other evidence or of information of record Deat h the VA Form 21-686c (or other prescribed form) contains questionable or discrepant information that cannot be resolved through telephone contact with the claimant, or review of other evidence of record, or there is a reasonable indication of fraud or misrepresentation.

Notes: If evidence to establish termination of a marriage through death is necessary, attempt to request it through telephone contact with the claimant. Request the evidence by letter if the claimant cannot be reached by telephone, or contact by telephone is made with the claimant but he/she is unable to provide the evidence (by fax, e-mail, or in person) within 24 hours. Follow the instructions in M21-1, Part III, Subpart iii, 1.B.1.d for documenting successful and unsuccessful attempts to contact a claimant by telephoneDocument all attempts to contact a claimant by telephone, whether successful, or unsuccessful, as a system note in MAPD or VBMS. VA does not require completion of a specific form or submission of documentary evidence to remove a dependent from a beneficiary’s award.

References:  If removal of a dependent from a beneficiary’s award is necessary, follow the instructions in M21-1, Part III, Subpart iii, 5.A.4.d.  For more information on  using VBMS to create development letters, see the VBMS User Guide  using MAP-D to create development letters, see the MAP-D User Guide, or  the definition ofidentifying fraudulent actions, see M21-1 Part III, Subpart vi, 5.A.1.a.

b. Primary The fact of death may be established on the basis of any oneEither of the Evid following formsof represent primary evidence of an individual’s death: ence to an official death certificate, or Esta a copy of a coroner’s report of death or a verdict of a coroner’s jury. blish a death certificate signed by a medical officer if death occurred in a hospital of Deat or institution under the control of the U.S. Government h a clinical summary or other report showing the fact and date of death signed by a medical officer if death occurred in a hospital or institution under the control of the U.S. Government an official report of death of a member of a uniformed service from the Secretary of the department concerned if death occurred while the deceased was  on the retired list  in an inactive duty status, or  on active duty a U.S. consular report of death bearing the signature and seal of the U.S. consul if death occurred abroad, or an official report of death from the head of the department concerned if the  deceased was, at the time of death, a civilian employee of a U.S. Government agency, and  death occurred abroad.

Important: When primary evidence cannot be furnished, the claimant must state the reason why. The table below identifies other forms of primary evidence that are acceptable for establishing the fact of death.

If ... Then consider as primary evidence of death ... death occurred in a hospital or  a death certificate signed by a medical institution under the control of the officer, or U.S. government  a clinical summary or other report that  is signed by a medical officer, and  shows the fact and date of death. the deceased individual was, at an official report of death from the the time of death, Secretary of the department concerned.

 on the retired list  in an inactive duty status, or  on active duty death occurred abroad a U.S. consular report of death bearing the signature and seal of the U.S. consul.  the deceased individual was, at an official report of death from the head the time of death, a civilian of the department concerned. employee of a U.S. government agency, and  death occurred abroad

Important: When primary evidence cannot be furnished, the claimant must provide the reason why.

c. Secondary Once the a claimant explains provides the reason for the lack of primary Evid evidence of death, the fact of death may be established on the basis of the ence following secondary evidence: to Esta a finding of the fact of death made by another Federal agency in the absence blish of evidence to the contrary, or of Deat affidavits from persons who have h  personal knowledge of the fact of death, and  viewed the body and know it to be the body of the person whose death is being established.

Note: Affidavits must set forth all the facts and circumstances concerning the death such as the date, place, time, and cause thereof. d. In the absence of the primary or secondary evidence outlined in M21-1, Part Circ III, Subpart iii, 5.B.5. b and c, VA may make a finding of death if the fact of umst death is shown by a preponderance of competent evidence. ance s Important: An administrative decision is required. Unde r Whic Reference: For more information on preparing an administrative decision h VA regarding a finding of death, see M21-1, Part III, Subpart v, 1.G. May Mak e a Findi ng of Deat h 6. Determining Whether a Marriage Is Void

Introduction This topic contains information on determining whether a marriage is void, including

legally defective marriages requirements for voiding a marriage effect of a determination that a marriage is void, and determining if whether a marriage is void.

Change Date October 11, 2010January 20, 2016 a. Legally Certain “marriages” have no legal effect even though the parties may have Defe ctive gone through a marriage ceremony was held, and Mar registered the marriage was registered with local government authorities. riage s Such marriages are legally void because the parties to them did not satisfy the legal requirements for entering into a marriage at the time of the alleged marriage took place. b. Not all legally defective marriages are void. For example, in most Requ jurisdictions, marriage by underage individuals is not automatically void. irem ents Generally, a marriage is considered void only if the defect is fundamental. for Grounds for voiding a marriage vary from State to State, but in most States a Void marriage is void if ing a Mar riage either party to the marriage is stillalready married to someone else whenat the time of the marriage in question takes place, or the parties to the marriage are closely related. c. Effect of a If a marriage is determined to have been voidUpon recognition of a marriage Dete as void, there is no need to dissolve it through divorce or annulment before rmin entering into a subsequent marriage. Likewise, a remarried surviving spouse ation whose subsequent marriage is annulled or declared void may reestablish That entitlement to survivors benefits as a surviving spouse. a Mar riage Is Void

d. Determining Follow the steps in the table below if a claimant alleges that a marriage was if not terminated because it was void from the outset. Whe ther a Mar riage Is Void

Step Action 1 Request the facts surrounding the alleged void marriage. 2 If possible, collect certified statements made by parties to the marriagefrom individuals with personal knowledge of the circumstances surrounding the alleged void marriage. 3 Submit the case to Regional Counsel for a legal opinion as to whether or not the purported alleged marriage is void.

Note: The Regional Counsel opinion determines constitutes VA’s decision on the issue. No administrative decision is required. 7. Determining Whether anRemoval of Impediments to Marriage Has Been Removed

Introduction This topic contains information on the removal of impediments to a marriage, including

determining whether an impediment to marriage has been removed, and determining whether removal of an impediment to marriage was successful.

Change Date June 4, 2015January 20, 2016 a. Determining Use the table below to determine whether an impediment to a marriage has Whe been removed. ther an Impe dime nt to Mar riage Has Been Rem oved

When … And … Then … one or both parties to a the earlier marriage was the status of the second later marriage marriage were already subsequently dissolved is determined under State law. married to someone else the earlier marriage was the impediment has not been at the time they attempted not subsequently removedto marriage remains. to enter into a marriage dissolved with one another one or both parties were already married at the time they attempted to enter into a marriage one or both parties to a while residing as a a common-law marriage will arise marriage were already married couple, they automatically arises upon dissolution married to someone else couple lived in a State of the prior marriage(s). at the time they attempted that recognizes common- to enter into a marriage law marriages with one another, and while residing as a after taking the following actions, the the parties resided as a married couple, they station of jurisdiction must determine married couple after the couple lived in a State whether removal of the impediment dissolution of the prior that does not recognize (dissolution of the prior marriage(s)) marriage(s) common-law marriages may or may not validate renders the later marriage valid:.  Fully develop the facts of the case.  If necessary, request a legal opinion from Regional Counsel on the validity of the later marriage.  Reference: For more information, see M21-1, Part III, Subpart iii, 5.B.7.b.

b. Determining Follow the steps in the table below to determine whether removal of an Whe impediment to marriage was successful when the ther Rem parties resided as a married couple after dissolution of the prior marriage, and oval the couple lived in a State that does not recognize common law marriages. of an Impe dime nt to Mar riage Was Succ essfu l

Step Action 1 Fully develop the facts of the case. 2 If necessary, request a legal opinion from Regional Counsel on the validity of the second marriage.