TN 9 (10-93)
RS 00208.055 Mothers and Fathers Validity of Divorce or Marriage of Surviving Divorced Mother/Father
A. Policy - Divorce
Generally, the validity of a divorce need not be questioned.
Proof of divorce is always needed. See GN 00305.120 for types of evidence.
B. Policy - Marriage
A divorce presupposes that the marriage terminated by the divorce was a valid one. Thus, proof of the divorce constitutes evidence of the validity of the surviving divorced mother's/father's marriage to the NH, and also constitutes proof of marriage. However, proof of the validity of the marriage is required when:
Development is necessary to establish the validity of the claimant's divorce from the NH; or
Information in file, in the divorce decree, etc., raises a reasonable doubt of the validity of the marriage.
Follow GN 00305.005, if necessary, to question the validity of the surviving divorced mother's/father's marriage to the NH.