TN 29 (05-01)

GN 00305.040 Development - Presumption of Validity of Last Marriage

Procedure — development -- presumption of validity of last marriage

1. Both parties to prior marriage available

If . . .

Then . . .

both parties are available

Obtain statements from each as to whether divorce or annulment terminated the prior marriage.

either alleges that the marriage was terminated

Obtain a certified copy of the decree and process accordingly.

both state no divorce or annulment was obtained

Determine that the prior marriage was not terminated and process accordingly.

Resolve any question of the validity of the prior marriage; if it was not valid, its continuation or termination is irrelevant.

2. Prior spouse's whereabouts unknown

  1. Have the worker or claimant submit:

    • The dates of prior marriage and separation.

    • The places where the prior spouse has lived, including dates of residence, from date of separation to present (or the date of death if known to be deceased).

    • Names and addresses of the prior spouse's relatives and friends.

  2. If the prior spouse is not located from the information in a. above, get a DEQY and ascertain the most recent employer's name and address. If the prior spouse's SSN is unknown, to get the name and address of an employer use identifying information from the marriage record to locate the SSN. Next, take the action in the following chart.

    If . . .

    Then . . .

    an employer is located and the prior spouse worked there within the last 5 years

    Contact the employer to try to obtain the spouse's last known address.

    the prior spouse's address is obtained

    Attempt to locate that spouse.

    the prior spouse is located

    Follow GN 00305.040A.2.a.

    the prior spouse is not located

    Ask friends and relatives for information about the possible termination of the marriage or death of the spouse.

    friends and relatives are unable to furnish any additional information

    Have them corroborate the worker's or claimant's list of places of residence for the prior spouse. Follow any new leads.

    it proves impossible to locate the prior spouse

    Have the worker or claimant submit statements as to death, divorce and annulment records from clerks of the courts having jurisdiction in the places where the prior spouse resided. (If a FO employee makes the search, his/her statement must be submitted.)

    the worker is deceased and it is his/her prior marriage being developed

    The claimant must submit the above information for the worker as well as the prior spouse.

  3. When all development is complete, apply the following:

    If . . .

    Then . . .

    the information obtained covers all of the involved parties' places of residence from the date of separation until the date of application (or death, if applicable) and the evidence shows the marriage did not terminate

    The presumption of validity of the last marriage cannot be applied.

    EXCEPTION: If the NH is domiciled in Kansas, submit the case to the RCC, Kansas, to determine if the presumption is rebutted.

    the whereabouts of the involved parties cannot be traced for the entire period

    The presumption may be applied