[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR14.504]

[Page 570]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 14_LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS
 
Sec. 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 Sec. 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 Sec. 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]