This responds to your request for assistance in determining the status of Edith L.
                  K~ and Faye H. K~ as the widows of Robert H. K~. You have also asked whether Lori,
                  Ronald, and Rhonda K~ are entitled to benefits as the children of Robert H. K~. We
                  conclude, for the reasons discussed below, that: (1) Edith K~ is the "putative spouse"
                  of the wage earner under Illinois law; (2) Faye K~ is the legal widow of the wage
                  earner; and (3) Lori, Ronald, and Rhonda K~ are each entitled to benefits as the children
                  of Robert H. K~.
               
               Facts
               The relevant facts may be briefly summarized: Robert H. K~, the wage earner, married
                  Edith L~ (one of the claimants in this case) on December 6, 1959 in Mt. Vernon, Illinois.
                  The wage earner's previous two marriages had ended in death and divorce, respectively.
                  Edith had previously been married to Joseph S~ . A Jefferson County circuit court
                  orally granted Edith and S~ a divorce at a September 24, 1959 hearing. The parties'
                  attorneys subsequently submitted a prepared decree for the court's approval.
               
               According to a December 23, 1959 letter from S~'s attorney to his client, "some time
                  elapsed [after the September 24, 1959 hearing] before it [the decree] was presented
                  to the court." The decree was signed but not dated by the judge, and was filed on
                  December 8, 1959, two days after Edith's marriage to the wage earner.
               
               The wage earner and Edith lived in Mt. Vernon until 1964, when they moved to St. Charles.
                  Sometime after 1964, the parties separated. The record contains several statements
                  of Edith K~ in addition to statements of Robert E. K~ (the wage earner's son by his
                  first marriage) and Mike S~ (Edith's son by her previous marriage). These statements
                  substantially conflict with one another concerning the date of the parties' separation
                  and their subsequent contacts. According to these statements the parties sepa- anywhere
                  from a "sporadic" to "frequent" basis until 1974. During this period Edith had three
                  children: Lori (born December 1, 1965) and Ronald and Rhonda (both born July 5, 1969).
               
               The wage earner filed separate applications for retirement and disability benefits
                  in 1972. On each application he indicated that he was married but separated from Edith
                  L~ K~. He listed no children. The wage earner was awarded retirement benefits. At
                  no time prior to the wage earner's death in 1982 did Edith apply for benefits on behalf
                  of Lori, Ronald, and Rhonda based on the wage earner's record.
               
               The wage earner married Faye H~ (one of the claimants in this case) on July 7, 1977.
                  A search of divorce records between 1966 and 1977 in all counties where the wage earner
                  resided produced no evidence of a divorce between the wage earner and Edith. 1/ Edith
                  states that she never divorced the wage earner, was never told by the wage earner
                  that he had divorced her, and was never served with a divorce judgment. As noted above,
                  the wage earner stated on applications for retirement and disability benefits in 1972
                  that he was then married to Edith. However, when Faye applied for wife's benefits
                  in 1978, the wage earner did not list his marriage to Edith on the husband's certification
                  form. Edith states that she was aware of the wage earner's marriage to Faye.
               
               The wage earner was hospitalized in 1982, and then entered a nursing home where he
                  died on August 18, 1982 domiciled in Illinois. A newspaper obituary did not mention
                  Faye, but instead listed Edith as the wage earner's surviving wife. The obituary listed
                  the wage earner's children by his first two marriages, but did not list Lori, Rhonda,
                  and Ronald K~. The information contained in the obituary was apparently supplied by
                  the wage earner's children by his first marriage, who assumed complete control over
                  the wage earner's affairs when he entered the nursing home. Faye indicates that she
                  did not know that the wage earner had died until she read the obituary. Moreover,
                  the funeral director's statement indicated that Edith was the wage earner's surviving
                  wife.
               
               Discussion
               The issues in this case are (1) whether Edith K~ and/or Faye K~ qualify as the legal
                  widow or the putative spouse, under Illinois law, of the wage earner, and (2) whether
                  Lori, Rhonda, and Ronald K~ are entitled to benefits as the children of the wage earner.
               
               1. Edith K~ and Faye K~ - The validity of both Edith's and Faye's marriages to the
                  wage earner depends on the effective date of Edith's divorce from Joseph S~. If Edith's
                  divorce from S~ was not effec- prior to her December 6, 1959 marriage to the wage
                  earner then the tter marriage is invalid under Ill. Rev. Stat. ch.40 § 212(a) unless
                  it was subsequently validated pursuant to § 212(b). If Edith's marriage to the wage
                  earner was neither valid from its inception nor subsequently validated, then Edith
                  is not the legal widow of the wage earner and Faye is the legal widow. Edith could
                  still be a "putative spouse" under Ill. Rev. Stat. ch.40 § 305 and therefore be a
                  "widow" under Section 216(h)(1)(A) of the Social Security Act. 2/ If, on the other
                  hand, Edith's marriage to the, wage earner was either valid-from its inception or
                  was subsequently validated, then Edith would be the wage earner's legal widow. In
                  that case, the presumption of the validity of the latter of two or more conflicting
                  marriages would be rebutted by the absence of any evidence of a divorce between the
                  wage earner and Edith. Sparling v. Industrial  Commission, 270 N.E.2d 411 (Ill. 1971). Faye would not be the legal widow of the wage earner
                  but could still qualify as either the "putative spouse" of the wage earner under Ill.
                  Rev. Stat. ch.40 § 305 or a "deemed widow" under Section 216(h)(1)(B) of the Social
                  Security Act. 3/ Based on the evidence before us, we find that 1) Edith's divorce
                  from Joseph S~ did not become effective until December 8, 1959; 2) Edith's December
                  6, 1959 marriage to the wage earner was not valid nor did the marriage subsequently
                  become validated under Ill. Rev. Stat. ch.40 § 212; 3) Edith qualifies as the "putative
                  spouse" of the wage earner under Illinois law; and 4) Faye is the legal widow of the
                  wage earner.
               
               First, we find that Edith's divorce from S~ was not effective until December 7, 1959
                  at the earliest. In Russell H~, ~, RA V (D~) to Reg. Comm. SSA 6/19/78, we determined
                  that a divorce becomes effective in Illinois once a written decree is signed by the
                  judge although the decree in that case was not filed until two weeks after the judge
                  signed it. We based this conclusion on our finding that the filing of a judgment is
                  considered in Illinois to be merely a ministerial act performed by the clerk. In re
                  Estate of Young, 112 N.E.2d 113, 117 (Ill. 1953). We also stated in H~ that an oral' pronouncement
                  of divorce made before the signing of a divorce decree has no effect. Jackman v. North, 75 N.E.2d 324 (1947); Pope v. Pope, 299 N.E.2d 161 (Ill. App. 1973); Norwood v. Norwood, 77 N.E.2d 552 (Ill. App. 1948); Richmond v. Richmond, 61N.E.2d 573 (Ill. App. 1945). 4/ This rule has also been applied in cases decided
                  subsequent to the H~ opinion. Heyman v. Heyman, 548 F. Supp. 1041, 1044 (N.D. Ill. 1982) (under Illinois law, a divorce is not effective
                  until' written decree is approved by the judge); In re Marriage of Ayers, 402 N.E.2d 401, 403 (Ill. App. 1980). Thus, the oral judgment of divorce between
                  Edith and S~ rendered at the September 24, 1959 proceedings had no effect. The signed
                  divorce decree was filed by the clerk on December 8, 1959. While the divorce was actually
                  effective when the decree was signed rather than when it was filed, the decree itself
                  is not dated nor is there any extrinsic evidence to indicate the date on which the
                  judge signed the decree. We have found no Illinois cases indicating when an undated
                  decree is considered to have been signed.. In the normal course of judicial proceedings,
                  however, a judgment is filed either on the day the judge signs it or on the following
                  day. Since we presume the regularity of administrative procedures in the absence of
                  evidence to the contrary, we conclude here that the decree was signed, and was therefore
                  effective, either on December 8, 1959 (a Tuesday), the day it was filed, or on December
                  7, 1959.
               
               Second, because Edith's marriage to S~ was undissolved at the time of her December
                  6, 1959 marriage to the wage earner, the latter marriage was invalid under the former
                  Marriage Act (Ill. Rev. Stat. ch.89 § 1 (1975)) and its predecessors. Prior to 1977,
                  the subsequent dissolution of a prior marriage by death or divorce did not validate
                  a bigamous marriage in the absence of resolemnization of that marriage. Schmisseur v. Beattie, 35 N.E. 525 (Ill. 1893); see also Historical and Practice Notes, Ill. Rev. Stat. ch.40 § 212 (1980). However, under
                  paragraph 212(b) of the Illinois Marriage and Dissolution of Marriage Act of 1977,
                  Ill. Rev. Stat. ch.40 § 101 et seq,, a bigamous marriage becomes valid when the prior
                  undissolved marriage is ended by death or divorce and the parties to the second marriage
                  cohabit after removal of the impediment. In Ambers G~ , ~~ RA V (A~) to Director,
                  IPBV, 12/11/80, we stated that paragraph 212 would be applied only in those cases
                  where the wage earner died on or after October 1, 1977, the effective date of the
                  Marriage and Dissolution of Marriage Act. In the present case, the wage earner died
                  on August 18, 1982, and the wage earner and Edith cohabited following the removal
                  of the impediment to their marriage. However, we have also stated that based on case
                  law and the legislative history of paragraph 212, that provision does not validate
                  a marriage contracted prior to October 1, 1977 where the parties no longer cohabited
                  subsequent to that date. Marvin B~ , ~ , RA V (D~) to Director, IPB, 11/29/83; Morris
                  B~ , ~, RA V (D~) to Director, IPB, 7/19/82. Although it is not clear precisely when
                  Edith and the wage earner separated, the evidence indicates that they separated no
                  later than 1968. Thus, paragraph 212(b) does not validate their marriage.
               
               Third, we think that Edith does qualify as the "putative spouse" of the wage earner
                  under paragraph 305 of the Illinois Marriage and Dissolution of Marriage Act of 1977.
                  Under that provision, a person who goes through a marriage ceremony and cohabits with
                  another person in the good faith belief that he or she is validly married to that
                  person is a putative spouse and acquires all the rights of a legal spouse (including
                  the right to inherit) until knowledge of the fact that he or she is not legally married
                  terminates such status and prevents the acquisition of further rights. In the G~ opinion,
                  we stated that paragraph 305, like paragraph 212(b), was inaptable in the cases of
                  wage earners dying prior to October 1, 1977. However, in the B~ and Bu~ opinions we
                  stated that unlike paragraph 212(b), paragraph-305 validates a pre-October 1, 1977
                  marriage even though the parties did not cohabit subsequent to that date, so long
                  as the claiming party maintained a good faith belief in the validity of the marriage
                  subsequent to October 1, 1977. Br~, p. 6; Bu~, note 3. We have also stated that paragraph
                  305 does not require any particular length of cohabitation, and that separation of
                  the parties does not itself terminate putative spouse status, assuming that the separation
                  is for reasons other than knowledge of the legal invalidity of the marriage. B~, p.
                  6. In the present case, Edith could have reasonably believed that her marriage to
                  S~ had been dissolved by the oral pronouncement of divorce on September 24, 1959.
                  Thus, Edith probably believed that she was free to marry the wage earner on December
                  6, 1959. Moreover, Edith's later knowledge of the wage earner's 1977 marriage to Faye
                  did not affect her good faith belief in the validity of her "marriage" to the wage
                  earner, since Edith had no reason to believe that her own "marriage" had been invalid.
                  Edith could reasonably assume that it was the wage earner's marriage to Faye that
                  was invalid. Therefore, Edith likely maintained her good faith belief until the wage
                  earner's death. We conclude that Edith is the "putative spouse" of the wage earner
                  under Illinois law. 5_/
               
               Fourth, since Edith was not validly married to the wage earner, nor was her marriage
                  subsequently validated, Faye was validly married to the wage earner and is his legal
                  widow. Faye previously applied for, and was awarded, widow's benefits. However, these
                  benefits may now be decreased based on the entitlement of Edith and her children.
               
               2. Lori, Rhonda, and Ronald K~ - You have asked whether the children of a "putative
                  marriage" under § 305 are presumed legitimate. Such children are considered legitimate
                  under Illinois law, albeit pursuant to Ill. Rev. Stat. ch.40 §212(c) rather than §
                  305. The former section provides that "children born or adopted of a prohibited or
                  common law marriage are legitimate." On the other hand, § 305 merely confers a certain
                  status on a "spouse" to a prohibited marriage. Moreover, § 212(c) does not require
                  that one of the "spouses" enter into a marriage in "good faith" in order for the children
                  of that marriage to be considered legitimate. Furthermore, § 212(c) does not require
                  that the parties to a prohibited marriage have cohabited in order for the children
                  of that marriage to be considered legitimate.
               
               Section 216(h)(2)(B) of the Social Security Act also enables the child of a prohibited
                  marriage to qualify for child's benefits without reference to state law. That section
                  provides that the son or daughter of an insured individual is eligible for benefits
                  if the insured individual and the child's other parent went through a ceremony that
                  would have resulted in a valid marriage but for the existence of a prior undissolved
                  marriage or a defect in the procedure followed in connection with the purported marriage.
                  Unlike the "deemed widow" provisions of Section 216(h)(1)(B), the "deemed child" provisions
                  of Section 216(h)(1)(A) do not require the existence of good faith or a period of
                  cohabitation in order for the child of the prohibited marriage to be eligible for
                  benefits. However, Section 216(h)(2)(B) does require satisfactory evidence that the
                  claimant is the biological child of the wage earner. See 20 C.F.R. §404.355(b); POMS GN 00306.150.
               
               In the present case, three children were born during the "prohibited" marriage of
                  the wage earner and Edith K~ - Lori (born December 1, 1965), Ronald (born July 5,
                  1969), and Rhonda (also born July 5, 1969). Lori K~ birth certificate lists a Robert
                  K~ (no middle initial), age 55, as the father. The wage earner was born in 1910. Such
                  evidence satisfactorily establishes the paternity of the wage earner with respect
                  to Lori for purposes of Section 216(h)(2)(B) of the Social Security Act. See POMS GN 00306.150. We do not think that the absence of a middle initial on the birth certificate raises
                  any significant inference that the father of Lori is not the wage earner but Robert
                  E. K~, the wage earner's son by his first marriage. Although the record presents considerable
                  conflicting evidence regarding the relationships of the wage earner and Edith K~ on
                  the one hand, and Robert E. K~ and Edith on the other hand, during late 1968 when
                  Rhonda and Ronald K~ were conceived, there is substantially less dispute regarding
                  the period in early 1965 when Lori was conceived. We conclude that Lori is entitled
                  to benefits under Section 216(h)(2)(B) of the Social Security Act.
               
               The paternity issue with respect to Ronald and Rhonda K~ is a much more difficult
                  matter. Simply put, the evidence is in hopeless conflict regarding when the wage earner
                  and Edith separated, and regarding the extent of their relationship during the period
                  in late 1968 when Rhonda and Ronald were conceived. Similarly, the evidence is in
                  hopeless conflict regarding the extent of Edith's relationship with Robert E. K~ during
                  this period. We do not think that such evidence satisfactorily establishes the paternity
                  of the wage earner with respect to Ronald and Rhonda K~ for purposes of Section 216(h)(2)(B).
               
               However, Ill. Rev. Stat. ch.40 § 212(c) accords the same presumption of legitimacy
                  to a child born during a prohibited marriage as is accorded to a child born during
                  a valid marriage. Valle  v. Valle, 447 N.E.2d 945, 949 (Ill. App. 1983). See  also Cardenas v. Cardenas, 140 N.E.2d 377 (Ill. App. 1957). We have repeatedly stated in prior opinions that
                  under Illinois law, this presumption applies even though the spouses were separated
                  during the period of possible conception and may be rebutted only by "clear, convincing,
                  and irrefragable proof" that the husband had no access to the mother during this period.
                  William M~, ~, RA V (D~) to ARC-Programs, 11/10/83; A1 S~ , ~~ ,~RA v (born) to ARC-Programs,
                  7/28/80. We think that under § 212(c) the same evidentiary standards apply to children
                  born during a prohibited marriage. 6_/
               
               We explained in the M~ and S~ opinions that although the standard for rebutting the
                  presumption of legitimacy appears to be particularly onerous, the Illinois courts
                  have in practice allowed credible proof of nonaccess to overcome the presumption.
                  The courts have generally found that the presumption of legitimacy is rebutted where
                  there is: (1) credible testimony by both the husband and wife of nonaccess to each
                  other during the period of conception, (2) evidence of a relationship between the
                  mother and putative father during the period of conception, and (3) other persuasive
                  evidence that corroborates the testimony of the mother. In the present case, we think
                  the evidence is clearly insufficient to rebut the presumption of legitimacy with respect
                  to Lori K~. With respect to Ronald and Rhonda K~, we agree that considerable doubt
                  exists that the wage earner was their father. Edith K~ s' numerous statements are
                  in considerable conflict with respect to the extent of her relationships both with
                  the wage earner and with Robert E. K~, the wage earner's son, during the period of
                  possible conception in late lg68. The statements of Robert E. K~ and Mike S~, Edith's
                  son by her prior marriage to Joseph S~, fail to clarify the issue of access by the
                  wage earner and Robert E. K~ to Edith during the period of possible conception. The
                  wage earner himself failed to acknowledge any of the three children in his applications
                  for retirement and disability benefits in 1972. Some evidence submitted in connection
                  with the wage earner's disability application suggests that he had prostate problems
                  in late 1968 (possibly resulting in surgery in early 1969). Especially troubling is
                  the fact that although the birth certificates of Ronald and Rhonda K~ do not list
                  the name of a father, they originally listed the father's age as 37 before Edith altered
                  the listed age to 57.
               
               Although the actual paternity of Ronald and Rhonda K~ is an open question, we are
                  unable to conclude that the presumption of legitimacy conferred by Illinois law is,
                  on the basis of the available record, rebutted by "clear, convincing, and irrefragable
                  proof" to the contrary, even given the somewhat relaxed application of this standard
                  in practice by the Illinois courts. We acknowledge that absent the presumption, the
                  evidence would be clearly insufficient to establish that the wage earner was the father
                  of Ronald and Rhonda K~ . But the issue here is not whether the wage earner was the
                  father, but whether the available evidence is sufficient to rebut the presumption
                  established under Illinois law that the wage earner was the father. The evidentiary
                  standard for rebutting the presumption, while not as onerous as it might initially
                  appear, nevertheless remains a heavy one. We conclude that that standard has not been
                  met here.
               
               In summary, we conclude that:
               (1) Faye H~ is entitled to widow's benefits as the legal widow of the wage earner
                  under Illinois law.
               
               (2) Edith L~ is the "putative" widow of the wage earner under Illinois law and is
                  entitled to mother's insurance benefits.
               
               (3) Lori, Ronald, and Rhonda K~ are entitled to benefits as the children of the wage
                  earner.
               
               1/ Your memorandum indicates that no search was conducted for the period from 1978
                  until the wage earner's death on August 18, 1982. Inasmuch as we conclude below that
                  Edith was not validly married to the wage earner, it is unnecessary to determine whether
                  Edith and the wage earner obtained a divorce after 1977.
               
               2/Edith cannot have "deemed widow" status under Section 216(h)(1)(B) of the Act since
                  she was not living with the wage earner at the time of his death.
               
               3/ Faye indicated in a statement that the wage earner had told her about--his first
                  marriage but had not mentioned any other marriage. When the wage earner entered a
                  nursing home in 1982, his children by his first marriage told Faye that the wage earner
                  had been married to Edith. Until that point, Faye believed that Edith was married
                  to the wage earner's son by his first marriage, Robert E. K~ , with whom Edith had
                  been living since 1970. However, the record fails to show that Faye knew that the
                  wage earner's "marriage" to Edith had not ended in divorce. Thus, Faye likely maintained
                  a good faith belief in the validity of her own marriage to the wage earner until his
                  death. Faye therefore qualifies as a "putative spouse" under Ill. Rev. Stat. ch.40
                  § 305. We also think that Faye would be a "deemed widow" under Section 216 (h)(1)(B)
                  of the Social Security Act, which requires only that a claimant enter into a marriage
                  in good faith. Faye was "living with" the wage earner at the time of his death although
                  he was required to then reside in a nursing home. However, in view of the fact that
                  we find that Faye was the legal widow of the wage earner it is unnecessary to conclusively
                  determine whether Faye is a "putative spouse" or "deemed widow."
               
               4/ The reason for this rule is that divorce proceedings are equitable in nature. Traditionally
                  the oral pronouncements of a chancellor were not binding unless and until embodied
                  in a written decree approved by him. Anastaplo v. Radford, 153 N.E.2d 37 (Ill. 1958).
               
               5/ Because Edith was born in 1932, she is not yet eligible for widow's benefits under
                  Section 202(c) of the Social Security Act. However, we conclude below that Lori, Rhonda,
                  and Ronald K~ are entitled to benefits as the children of the wage earner. Therefore,
                  Edith is entitled to mother's benefits under Section 202(g) of the Act.
               
               6/ We believe that § 212(c) may be applied in all cases where the wage earner died
                  on or after October 1, 1977. As discussed above, we have determined in prior opinions
                  that the marriage validation provisions of § 212(b) apply only where the wage earner
                  died on or after October 1, 1977 and the parties cohabited on or after that date.
                  We have also determined that the putative spouse provisions of § 305 apply only where
                  the wage earner died on or after October 1, 1977 and the claiming spouse maintained
                  a good faith belief in the validity of the marriage subsequent to that date. However,
                  the "deemed legitimacy" provisions of § 212(c) do not require good faith on the part
                  of either party to a prohibited marriage or that the child have been born during the
                  cohabitation of the parties (as required under Ill. Rev. Stat. ch.89 § 17a prior to
                  October 1, 1977). We think that consistent with our opinion in Ambers G~ , ~, RA V
                  (A~) to Director, IPBV, 12/11/80, in which we limited the application of the 1977
                  marriage statute to claims where the wage earner died on or after October 1, 1977,
                  the "deemed legitimacy" provisions of § 212(c) may be applied in all cases where the
                  wage earner died on or after October 1, 1977, regardless of when the prohibited marriage
                  was contracted or when the child was born.
               
               We also note that on May 22, 1984 SSA amended 20 C.F.R. §404.354(b) to clarify that
                  the relationship of an applicant for child's benefits to an insured individual is
                  determined by the state laws in effect at the time the insured individual died. 49
                  Fed. Reg. 21,512.