1 Is the claimant a surviving spouse alleging a common law marriage to the Veteran? If go to M21-1, Part III, Subpart iii, 5.C.5.b. yes, If no deny the claim based on the lack of a marital relationship without submission for a legal opinion, and go to Step 2. 2 Prepare a two-signature administrative decision the format in M21-1, Part III, Subpart v, 1.A.3, and to the information in M21-1, Part III, Subpart iii, 5.C.7. b. Deeming a In , the General Counsel held that lack of residence in a jurisdiction Surviving recognizing common law marriages is a bar to establishing a common law not Spouse’s marriage for a surviving spouse claimant. Common Law Marriage Rationale: if the State The common law marriage could be valid” under on the theory that “deemed Doesn’t the surviving spouse could have entered into the purported common law Recognize marriage without knowledge of the fact that there was an impediment to the Common Law marriage. The impediment would be the jurisdiction’s non-recognition of Marriages common law marriages. For more information on establishing common law status for a Reference: surviving spouse who did not reside in a jurisdiction recognizing common law marriages, see M21-1, Part III, Subpart iii, 5.C.5.c. c. Establishing Follow the steps in the table below to establish a common law marriage for a a Common Law surviving spouse claimant who did not reside in a jurisdiction recognizing Marriage for a common law marriages. Surviving Spouse Claimant Step Action 1 Develop for evidence to establish the common law marriage, and secure the surviving spouse’s statement as to whether he/she was aware that common law marriages were not recognized in the jurisdiction where the parties resided, and the reasons for this understanding. For more information on the development actions to Reference: take when a common law marriage is claimed, see M21-1, Part III, Subpart iii, 5.C.2.
1 Is the claimant a surviving spouse alleging a common law marriage to the Veteran? If yes, go to M21-1, Part III, Subpart iii, 5.C.5.b. If no deny the claim based on the lack of a marital relationship without submission for a legal opinion, and go to Step 2. 2 Prepare a two-signature administrative decision the format in M21-1, Part III, Subpart v, 1.A.3, and to the information in M21-1, Part III, Subpart iii, 5.C.7. b. Deeming a Surviving Spouse’s Common Law Marriage if the State Doesn’t Recognize Common Law Marriages In , the General Counsel held that lack of residence in a jurisdiction recognizing common law marriages is not a bar to establishing a common law marriage for a surviving spouse claimant. Rationale: The common law marriage could be “deemed valid” under on the theory that the surviving spouse could have entered into the purported common law marriage without knowledge of the fact that there was an impediment to the marriage. The impediment would be the jurisdiction’s non-recognition of common law marriages. Reference: For more information on establishing common law status for a surviving spouse who did not reside in a jurisdiction recognizing common law marriages, see M21-1, Part III, Subpart iii, 5.C.5.c. c. Establishing a Common Law Marriage for a Surviving Spouse Claimant Follow the steps in the table below to establish a common law marriage for a surviving spouse claimant who did not reside in a jurisdiction recognizing common law marriages. Step Action 1 Develop for evidence to establish the common law marriage, and secure the surviving spouse’s statement as to whether he/she was aware that common law marriages were not recognized in the jurisdiction where the parties resided, and the reasons for this understanding. Reference: For more information on the development actions to take when a common law marriage is claimed, see M21-1, Part III, Subpart iii, 5.C.2.
11-6-15_Key%20Changes_M21-1III_iii_5_SecC.docx