Current through November 30, 2024
Section 14.504 - Domestic relations questions, authority and exceptions(a) 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.(b) 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):(1) 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;(2) When fraud or collusion by either party appears to have influenced the granting of an annulment decree;(3) Cases in which there are contesting claims;(4) Unusual situations, such as those involving proxy marriages, the law of two or more jurisdictions or of a foreign country;(5) Cases involving difference of opinion between Regional Counsels or between a Regional Counsel and the official who submitted the question involved.42 FR 41411, Aug. 17, 1977