§14.504. Domestic relations questions, authority and exceptions.
38 C.F.R. § 14.504
Regional Counsels have the same authority with respect to domestic relations questions as they do with respect to matters covered by § 14.503 except as specifically excluded by the provisions of paragraph (a) of that section.
In the following instances the Regional Counsel, regardless of whether State law is wholly controlling or a Department of Veterans Affairs precedent is available, will prepare a tentative opinion, researched as completely as possible with reasonably available facilities, and forward two copies thereof directly to the General Counsel for review and disposition (as provided in § 14.503 respecting other than domestic relations matters):
Where it is not clear under applicable State law: (i) Whether the marriage of a veteran's child or the remarriage of a veteran's widow was void without decree of annulment, or (ii) whether an annulment decree was rendered by a court with basic authority to render annulment decrees;
When fraud or collusion by either party appears to have influenced the granting of an annulment decree;
Cases in which there are contesting claims;
Unusual situations, such as those involving proxy marriages, the law of two or more jurisdictions or of a foreign country;
Cases involving difference of opinion between Regional Counsels or between a Regional Counsel and the official who submitted the question involved.
Notes, amendments, and revision history
Amendments
[42 FR 41411, Aug. 17, 1977]
Authority
Authority: 5 U.S.C. 301; 28 U.S.C. 2671-2680; 38 U.S.C. 501(a), 512, 515, 5502, 5901-5905; 28 CFR part 14, appendix to part 14, unless otherwise noted.
Source
Source: 19 FR 5552, Aug. 31, 1954, unless otherwise noted.
Amendments
[42 FR 41411, Aug. 17, 1977]