28 C.F.R. § 32.12 Determination of relationship of spouse.
Title 28 - Judicial Administration
(a) Marriage should be established by one (or more) of the following types of evidence in the following order of preference: (1) Copy of the public record of marriage, certified or attested, or by an abstract of the public record, containing sufficient data to identify the parties, the date and place of the marriage, and the number of prior marriages by either party if shown on the official record, issued by the officer having custody of the record or other public official authorized to certify the record, or a certified copy of the religious record of marriage; (2) Official report from a public agency as to a marriage which occurred while the officer was employed with such agency; (3) The affidavit of the clergyman or magistrate who officiated; (4) The original certificate of marriage accompanied by proof of its genuineness and the authority of the person to perform the marriage; (5) The affidavits or sworn statements of two or more eyewitnesses to the ceremony; (6) In jurisdictions where “common law” marriages are recognized, the affidavits or certified statements of the spouse setting forth all of the facts and circumstances concerning the alleged marriage, such as the agreement between the parties at the beginning of their cohabitation, the period of cohabitation, places and dates of residences, and whether children were born as the result of the relationship. This evidence should be supplemented by affidavits or certified statements from two or more persons who know as the result of personal observation the reputed relationship which existed between the parties to the alleged marriage including the period of cohabitation, places of residences, whether the parties held themselves out as husband and wife and whether they were generally accepted as such in the communities in which they lived; or (7) Any other evidence which would reasonably support a belief by the Bureau that a valid marriage actually existed. (b) BJA will not recognize a claimant as a “common law” spouse under §32.12(a)(6) unless the State of domicile recognizes him or her as the spouse of the officer. (c) If applicable, certified copies of divorce decrees of previous marriages or death certificates of the former spouses of either party must be submitted.
Title 28: Judicial Administration
PART 32—PUBLIC SAFETY OFFICERS' DEATH AND DISABILITY BENEFITS
Subpart A—Death and Disability Benefits
Beneficiaries
§ 32.12 Determination of relationship of spouse.
