TN 29 (05-01)
GN 00305.045 Validity of Last Marriage Where Prior Marriage Subsequently Terminated by Divorce
A. Policy — validity of last marriage where prior marriage subsequently terminated by divorce
The fact that the prior marriage was not terminated until after the date of the current marriage does not necessarily make the current marriage invalid. In some States upon removal of the impediment, the current marriage:
B. Procedure — validity of last marriage where prior marriage subsequently terminated by divorce
Follow the steps below to determine the necessary action.
If . . .
Then . . .
the worker or the claimant was the defendant in the divorce action
Assume the other party did not secure a divorce or annulment previously.
the claimant or the living worker was a party to the prior marriage
Get a statement that he/she did not secure a divorce or annulment previously; this is sufficient to rebut the presumption that the later marriage is valid.
the worker is deceased
Follow the development in GN 00305.040 to determine whether the presumption may be applied.
the worker or the claimant was the plaintiff in a divorce action to terminate the prior marriage
Locate the other party to the prior marriage
the other party can be located
Get a statement that he/she did not secure a divorce or annulment; this is sufficient to rebut the presumption.
the other party cannot be located
Examine the divorce or annulment records.
an answer was made to the Bill of Complaint without indicating that the prior marriage had been previously terminated
That is sufficient to determine that the other party did not previously have the marriage terminated; do not apply the presumption.
no answer was filed to the Bill of Complaint and the party to the prior marriage cannot be located
Develop per GN 00305.040.