Antonio P~ and Louica B~ were married in New York State on September 30, 1942. Shortly
                  thereafter Louica gave birth to a son who was placed in a foster home and Louica herself
                  was institutionalized, both actions being taken due to her severe mental retardation.
                  Louica has remained institutionalized, save for one short period, to date. On May
                  24, 1944 Antonio P~ instituted divorce proceedings. However, it does not appear that
                  such proceedings were even concluded or that a divorce was ever finalized. Antonio
                  P~ died in January 1970 and on May 31, 1978 the Broome Developmental Center filed
                  an application on Louica's behalf for widow's insurance benefits. You have requested
                  our assistance in determining whether a marriage entered into by a severely retarded
                  individual incapable of understanding the nature of her action, as herein, is void
                  ab initio, or, on the state of the facts, was voided at any time prior to the death
                  of Antonio P~.
               
               A marriage entered into by a severely retarded individual, incapable of understanding,
                  is voidable by a court of competent jurisdiction only and not void ab initio under
                  New York State law. Domestic Relations Law §7. Remlein v. Remlein, ~ N.Y.S. 2d 323 (l445; Weinberg v. Weinberg, 255, App. Div. 366, 8 N.Y. S. 2d 341 (1938). Thus, Louica remains the lawful widow
                  of Antonio P~ unless the marriage was dissolved by a court of competent jurisdiction.
               
               It appears from the file herein that while proceedings to terminate the marriage were
                  commenced by Antonio P~, such proceedings were never concluded and, therefore, no
                  order of a court of competent jurisdiction dissolving this marriage is extant. Assuming
                  this to be the fact, Louica must be considered Antonio P~ legal widow for benefit
                  purposes.