You have requested our opinion whether a Mexican divorce obtained by the claimant
                  from the wage earner would be considered valid by the courts of Rhode Island.
               
               According to the file, the claimant, Mabel S~, married the wage earner, John M~, in
                  1958 in New York. On December 24, 1965, the claimant obtained a Mexican divorce from
                  the wage earner. The claimant appeared personally at the divorce proceedings and met
                  Mexico's residency requirement. The wage earner was represented by an attorney at
                  the proceedings and submitted to the Jurisdiction of the Mexican court.
               
               Both the claimant and the wage earner were domiciled in New York at the time of the
                  divorce. They both remained domiciled in New York after the divorce and lived together
                  there until 1969, although the claimant used her maiden name following the divorce.
                  The parties were separated from 1969 through 1978 and thereafter resumed living together
                  in Rhode Island in 1979. The wage earner died on December 31, 1980, while domiciled
                  in Rhode Island. Neither the claimant nor the wage earner had remarried at any time
                  after the Mexican divorce. On April 7, 1983, Mabel S~ filed an application for widow's
                  benefits on the deceased wage earner's account.
               
               Section 216(h)(1)(A) of the Social Security Act provides that an applicant is the
                  widow of a wage earner if the courts of the state in which the wage earner was domiciled
                  at death would find that the claimant and the wage earner were validly married at
                  the time of his death. Accordingly, the claimant's status must be determined under
                  Rhode Island law. Whether the claimant was married to the wage earner at the time
                  he died in turn depends upon whether the claimant's Mexican divorce from the wage
                  earner is valid. In deciding this question we must first decide whether the courts
                  of Rhode Island, in addressing the issue of the validity of the divorce, would apply
                  Rhode Island law or the law of New York, where the parties were domiciled at the time
                  of the divorce. New York law upholds the validity of a bilateral divorce decree rendered
                  by a foreign country in cases where, as here, one spouse appears personally and the
                  other spouse submits to the Jurisdiction of the foreign court by appearing through
                  an attorney, and the residency requirements of the foreign country are met. Rosenstiel-v. Rosenstiel, 16 N.Y.2d 64, 262 N.Y.Supp. 2d 86, 209 N.E.2d 709.(1965),. cert. denied, 383 U.S.
                  943 (1966). Rhode Island, however, will not recognize a foreign divorce decree where
                  neither spouse had an actual domicile within the foreign country. See, e.g., our opinion re. Peter Y~, March 12, 1979.
               
               We have been unable to locate any Rhode Island case law discussing what law the courts
                  of Rhode Island would apply in the circumstances of this case. It is clear that Rhode
                  Island would apply its own law in cases in which one or both of the parties to a foreign
                  divorce are domiciled in Rhode Island at the time of the divorce. Opinion re. Peter
                  Y~ , supra. We believe Rhode Island would also apply its own law in cases where the
                  parties to a foreign divorce are each domiciled in different states at the time of
                  the divorce and those states would reach contrary conclusions as to the validity of
                  the divorce. In the present case, however, the claimant and wage earner were married
                  in New York and were both domiciled in New York at the time of the divorce. In addition,
                  they continued to live in New York for at least several years subsequent to the divorce.
                  At the time of the divorce only the State of New York had an interest in their marriage
                  status, and New York would give recognition to their bilateral Mexican divorce. Rosenstiel
                  v. Rosenstiel, supra. We believe that under such circumstances the courts of Rhode
                  Island would apply New York law to determine the validity of the divorce. A conclusion
                  that the courts of Rhode Island would recognize the status the parties acquired while
                  domiciled in New York is consistent with the interest of stability in Judicial determinations.
                  We therefore conclude, in the absence of Rhode Island law to the contrary, that the
                  courts of Rhode Island would apply New York law and find that the claimant's Mexican
                  divorce from the wage earner was valid. 27B C.J.S. Divorce, ยง326; cf. Rosen v. Sitnet, 418 A.2d 490 (Pa. Super. 1980).
               
               Having determined that the courts of Rhode Island would recognize the claimant's Mexican
                  divorce in this case, it would ordinarily be concluded that the claimant is not entitled
                  to widow's benefits on the wage earner's account. However, the claimant and wage earner
                  lived together in Rhode Island from 1979 until the wage earner's death on December
                  31, 1980. The claimant alleges that she and the wage earner considered themselves
                  to be husband and wife during that time. Rhode Island does recognize common-law marriages
                  as valid. Souza  v. O'Hara, 121R.I. 88, 395 A.2d 1060 (1978). Proof of a common-law marriage requires clear
                  and convincing evidence that the parties considered themselves to be married and that
                  their conduct gave rise to a general reputation among friends and relatives that they
                  were married. Sardonis v. Sardonis, 106 R.I. 469, 261A.2d 22 (1970). As the fact finder, you must determine whether
                  there is clear and convincing evidence that a valid common-law marriage had arisen.
                  1_/ If you should find upon your review of the evidence that the claimant was the
                  common-law wife of the wage earner at the time of his death, the claimant would qualify
                  for widow's benefits on the wage earner's account, assuming she meets all other conditions
                  of entitlement.
               
               1_/ We note that the file contains conflicting evidence concerning the existence of
                  a common-law marriage. The claimant alleged the existence of a common-law marriage
                  in her application for widow's benefits, and several relatives have stated that they
                  always considered the claimant and the wage earner to be husband and wife. In an earlier
                  application for the lump-sum death payment, however, the claimant stated that she
                  did not have a common-law marriage.