The pertinent facts as stated in the file are as follows:
               Willie M. S~ (Marcella S~ H~ ) received mother's benefits on the account of James
                  A. S~, the deceased wage earner, until June, 1981 when her entitlement was terminated
                  because of her remarriage. Said remarriage was to Glenn E. H~ in Portsmouth, Ohio.
                  The marriage was annulled by the Domestic Court of Wayne County (hereinafter "Domestic
                  Court"), North Carolina on December 17, 1981. Mrs. S~ was reentitled to benefits effective
                  February 1982 based on an application filed August 17, 1982. The grounds for the annulment
                  were that the marriage was entered into as a result of fraud. The judgment of annulment
                  reflects the following pertinent finding of facts.
               
               1. That the plaintiff, Glenn E. H~, is a citizen and resident of Wayne County, North
                  Carolina.
               
               2. That the defendant, Willie M. S~, is a citizen and resident of Wayne County, North
                  Carolina.
               
               4. That after the purported ceremony, the plaintiff and defendant returned to the
                  State of North Carolina. North Carolina is the residence of both parties.
               
               5. That the marriage was never consummated.
               6. That the parties separated within a few days after the marriage.
               7. That the plaintiff entered into the marriage with the intent to have a loving and
                  lastin9 marriage relationship.
               
               8. That the defendant entered into the marriage relationship in jest and if not in
                  jest the defendant did not have any intentions to continue a binding marital relationship
                  and did not intend to become the wife of the plaintiff.
               
               9. That the defendant exhibited love and affection toward the plaintiff until he went
                  with her to Ohio and married her. After the marriage she failed to exhibit any affection
                  toward the plaintiff, and did not consort with him, and did not appear with him in
                  public, and did not provide him with a loving home atmosphere and failed to provide
                  a conjugal relationship.
               
               10. That the defendant entered into a wedding ceremony without any intent on her part
                  that the ceremony was to have true legal consequence whatever and the marriage of
                  the defendant was fraudulent and without any legal basis because of her subsequent
                  action and attitude.
               
               The judgment states that an annulment based on fraud or lest is not a statutory ground
                  in North Carolina but is recognized under the common law of the State of North Carolina
                  independent of any statutory authority.
               
               In view of the foregoing, you sought advice as follows:
               "Does this mean that the marriage would have been legally nonexistent from the beginning
                  under North Carolina law even without a judicial decree? If the marriage was void
                  from the beginning, the date of entitlement to benefits would be retroactive to the
                  date of the prior determination."
               
               We must look to the findings of facts on the face of the annulment judgment to determine
                  for Social Security purposes if fraud or jest was the grounds for the annulment of
                  the subject marriage. The Domestic Court appears to be ambivalent or at least indecisive
                  as to the grounds for the annulment. There were probably no adverse consequences to
                  the parties as a result of the domestic court's uncertainty as to the grounds for
                  its conclusion. However, a determination of either fraud or jest must be made for
                  the above stated purpose by this office, and that determination must be made based
                  on the findings of fact on the face of the annulment judgment. The question presented
                  here is whether in truth a legally valid marriage contract was made according to North
                  Carolina law.
               
               The facts, we think, show a valid marriage contract was made, albeit with fraudulent
                  intentions on the part of the claimant.
               
               The facts show that Glen E. H~ and Marcella S~ H~ are both residents and citizens
                  of North Carolina but that the marriage took place in Portsmouth, Ohio. The marriage
                  was annulled by the Domestic Court. The general conflicts rule is that the validity
                  of a marriage is determined by the laws of the state with the most significant relationship
                  with the man and woman and the marriage.1/ Although the marriage was contracted in
                  the State of Ohio, we believe that under the facts of the instant case that the North
                  Carolina courts would hold that North Carolina has the most significant and substantial
                  relationship with the spouses, and, thus, the marriage. The parties went to Ohio from
                  North Carolina and were there for about four days. The parties immediately returned
                  to North Carolina where, as stated above, they were both residents and citizens. Further,
                  the annulment action was in a North Carolina court. Therefore, North Carolina would
                  apply its laws in the instant case.2/
               
               The State of North Carolina has no statute specifically concerned with jest, joke
                  or mock marriage and there seems to be no North Carolina precedent on point. As a
                  general rule, it may be stated that for a marriage contract not to have been made,
                  Mr. Glen E. H~ and the claimant would have had to enter the marriage without any intention
                  to bind the marriage, or to assume marital duties and obligations, or to acquire any
                  of the rights pertaining to the marital status, or to cohabitate.3/ Such a marriage
                  has been described as a sham.4/ If the facts show that Mr. H~ and the claimant entered
                  the marriage in the spirit of jest or joke, they were never married at all.5/ A jest,
                  joke or mock marriage is a void marriage.6/ However, the facts show otherwise. The
                  facts show that Mr. H~ ". . . entered into the marriage with the intent to have a
                  loving and lasting marriage relationship.7/ We assume that this means that Mr. H~
                  intended to perform all of his marital duties and recognize all of his obligations
                  and take the rights of the marital status. But the claimant's intentions were not
                  to consummate the marriage or recognize or perform any of the duties or obligations
                  of the marriage.8/ Generally, a marriage contracted by persons who are legally competent
                  according to the statutory law of North Carolina is a valid marriage --9/ In the instant
                  case, nothing appears to indicate that either of the parties to the marriage was incapable
                  of entering marriage, or that either was incapable of consummating the marriage. North
                  Carolina holds that consummation is not necessary to the validity of a marriage. However,
                  marriage involves a promise to perform the marital duties and obligations, and where
                  a marriage is contracted without any intentions of performing those duties, and in
                  fact, they are not performed, the fraud is such to go to the very essence of the contract,
                  and the fraud affects the injured Patti's free consent to such contract. The point
                  here is that there is a valid marital contract although a fraud was committed. The
                  subject marriage is a voidable marriage, and in North Carolina, a voidable marriage
                  is valid for all civil purposes until one of the parties obtain a court order ending
                  the relationship.10/
               
               Therefore, it is our opinion that the facts established by the Domestic Court show
                  that the subject marriage was fraudulent. However, a legally valid marriage contract
                  was made, and the marriage was otherwise valid until it was annulled by the court.
                  In respect to your concern for retroactive entitlement, it would appear that whatever
                  the effect of the judgment in the instant case under state law as between the parties,
                  it would not provide a basis for reinstatement of benefits, "from the beginning."
                  The Office of General Counsel has adhered consistently to the doctrine that upon the
                  annulment of a voidable remarriage by a widow beneficiary, she is not entitled to
                  benefits for the period between the remarriage and the decree of nullity.11/ Accordingly,
                  your office would be warranted in treating the subject marriage as the usual voidable
                  marriage.
               
               1/Restatement (Second) Conflicts of Laws ~ 253 (1971)
               2/See, Fungaroli v. Fungaroli, 280 S.E. 2d 787 (1981)
               
               3/52 Am.Jur.2d, Marriage, ~ 32, p. 890
               4/See, Lutwak v. United States, 73 S.Ct. 481 (1953)
               
               5/See, United States v. Rubenstein, 2nd Cir., 151 F.2d 915, 918-919 (1945)
               
               6/See, Note 3, supra.
               
               7/See, Annulment Judgment, Findings of Facts, Item 7
               
               8/See, Annulment Judgment, Findings of Facts, Items 7, 8, 9 and 10
               
               9/See, General Statutes of North Carolina ยง 51-1
               
               10/In North Carolina, the Courts have long ruled that while a voidable marriage is
                  valid for all civil purposes until annulled by a competent tribunal by a direct proceeding,
                  a void marriage is a nullity and may be impeached at any time. Only bigamous marriages
                  are absolutely void. All other marriages are voidable. See,  Fulton v. Vickery, 326 S.E. 2d 354 (1985); Redfern  v. Redfern, 270 S.E. 2d 606 (1980); and Ivery v.  Ivery, 129 S.E. 2d 457 (1963). Furthermore, in accordance with the above case law, the
                  domestic court's findings at item 10 of the annulment judgment, ". . . the marriage
                  of the defendant was fraudulent and without any legal basis . . .", seems to be in
                  conflict with the prevailing North Carolina law.
               
               11/Barbara H. J~, ~, (L~) Region II to Regional Representative, N.E.P.C. - New York
                  1/12/76