M-21-1Updated
Regulation text

Part VII, Subpart i, Chapter 2, Section CEstablishing Other Types of Marriages

The full text of this section from M-21-1. Check the official source for the controlling version before you rely on it.

View official source

Looking for something else?

Contents3 blocks

Revised June 16, 2021

VII.i.2.C.1.aEstablishing the Validity of a Tribal Marriage

If the validity of a marriage that was allegedly celebrated in accordance with tribal custom is at issue, follow the steps in the table below to obtain facts and circumstances surrounding the marriage.

StepAction
1

Request affidavits from the parties to the purported marriage that provide the

  • name of the tribe
  • date and place of the ceremony, and
  • name and address of the person who performed the ceremony.
2

Request affidavits from at least two persons who were present at the ceremony that provide the

  • name of the tribe
  • date and place of the ceremony, and
  • name and address of the person who performed the ceremony.
3

Request an affidavit from the person who performed the ceremony that provides

  • the date and place of the ceremony, and
  • that person’s authority for conducting the ceremony.
4

Obtain copies of any available written materials explaining the nature of the tribal marriage ceremony, such as that obtainable from textbooks or reliable Internet sites.

5

Request a District Counsel opinion regarding the validity of the marriage. Note: No administrative decision is required. Reference: For more information about requesting a District Counsel opinion, see M21-1, Part VII, Subpart i, 1.A.3.e.

VII.i.2.C.1.bDefinition: Proxy Marriage

A proxy marriage is a marriage contracted or celebrated by one or more agents acting on behalf of the actual parties to the marriage.

VII.i.2.C.1.cEstablishing the Validity of a Proxy Marriage

The validity of a proxy marriage depends on the law of the particular jurisdiction. If at issue, request copies of any documents or certificates issued in connection with the marriage. After development is complete, request a District Counsel opinion regarding the validity of the marriage under State law. Note: No administrative decision is required. Reference: For more information about requesting a District Counsel opinion, see M21-1, Part VII, Subpart i, 1.A.3.e.

End of Part VII, Subpart i, Chapter 2, Section C

This text is a rendering of Part VII, Subpart i, Chapter 2, Section C. The official version is the one that governs your claim.

View official source
What next

Using this section

A regulation only helps if you point at it. Here is how to put this one to work.

  1. Cite it by number

    Write Part VII, Subpart i, Chapter 2, Section C into your statement and quote the sentence you are relying on. A rater reading a claim that names the rule spends less time guessing what you meant.

  2. Find the rest of the rule

    Sections cross-reference each other constantly. Search 38 CFR and M-21-1 for any reference this one sends you to.

  3. Check the percentages

    Procedure is one half of a claim; the rating criteria are the other. Browse the rating schedule for the diagnostic code that covers your condition.

See what this means for your claim.

Six reads your file against the rules that actually apply to it and tells you what the VA is still missing.

Start for freeBrowse all VA regulations →