TN 29 (05-01)
GN 00305.135 When Annulment Permits Initial Entitlement or Reentitlement
Follow the instructions below when annulment permits initial entitlement or reentitlement:
Always get a copy of the annulment decree. Follow procedures in GN 00301.015. If the decree does not show why the annulment was granted, ask the claimant to submit a copy of the complaint filed in the proceedings.
When a marriage is absolutely void under State law, the parties do not always have to have the marriage annulled by a court. If such a marriage is alleged, get from the claimant a statement fully explaining the conditions or circumstances which made the marriage void. See policy in GN 00301.015
Determine whether the marriage was void or voidable. See policy in GN 00305.125 and GN 00305.130.
If voidable, determine whether the State court was empowered to grant permanent alimony.
If necessary, follow the procedures in GN 01010.800 for possible submittal to the regional chief counsel per GN 01010.815.
CAUTION: See policy in GN 00305.085 A.3. if claimant is a divorced putative spouse or widow(er).