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B-205174 1 (1982-04-12)

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B-205174


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MATTER OF. Petty Offlcer First Class Dennis W.
             Methvin, USN


DIGEST;


A service member who married a foreig:i
nation 1 in Virginia after he secured
in ex -vate divorce from his first wife
in et Doinican Rapubli, where it
appears that he did not establ ish a
residence or domicile and where his
wife was not present in person or
represented by counsel, now seeks
dependent benefits for the second wife
and her dependent children. This
entitlement may not be allowed in view
of the longstanding rule that in the
absence of bona fide domicile in the
foreign cou-ntry w  e the divorce is
granted, such divorces are considered
of such doubtful validity that Lecog-
nition of the divorce and subsequent
marriagetis required by a court of
competunt Jurisdlction in the United
States. Further, neither the issuance
of a state required marriage license
nor the.flsuance of at alien residency
card identifyij;g the second wife as
t.he member's spouse, satisfies the
court recognition requirement.


     Is a member of the United States Navy entitled to
additional benefits on account of his second wife and her
children on the basis of a marriage entered into following
a divorce procured in the Dominican Republic, where his
first wife did not personally appear, nor was she represented
by an attorney? EUL the following reasons he is not entitled
to additional benefits based on the second marriage.
     This question was presented as a request for advance
decision by a Navy Disbursing Officer, and has bean assigned
control number DO-N-1376 by the Department of Defense Mili-
tary Pay and Allowance Committee.


I..;
   I,'


THE COMP''ROLLAl GENEAt
OF THU UNITED UTATEE
WASlE:HING prON,   ,0, SW


      DATE; April 3.2, 1982


FILEi

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