Another Divorce Question

Discussion in 'Eligibility Questions' started by JoieD, Jun 10, 2015.

  1. JoieD

    JoieD Newbie

    I am just beginning this journey. So far I have determined my father ,the veteran , was in the service during wartime. My question is about which angle to take as far as their divorce. They were divorced after 25 years of marriage in 1979. The reason...Gross Neglect/Extreme Cruelty. Several months after the divorce my dad came home and they lived as a happily married couple until his death in 2003. Go figure! Mom is listed on the death certificate as surviving spouse and receives his pension from a civilian job.
    Mom has dementia and needs to enter a nursing home.
    I was going to make a case for common law marriage because in Ohio common law marriages entered into prior to 1991 are recognized. However.. I have read that A&A is sometimes given in spite of a divorce if the grounds for that divorce was Gross Neglect/Extreme Cruelty. Advice? Should I try to get this benefit for her or do you think it would be a waste of time.
     
  2. vetadmin

    vetadmin Administrator Staff Member

    The VA will "consider" the application if there is proof that the divorce was due to spousal abuse. If that is listed on the divorce degree, then it is worth a shot to get this pension for her.
     
  3. JoieD

    JoieD Newbie

    Thank You! Should I also send affidavits from 2 people who can attest to the husband and wife relationship after the divorce? And can those people be family members?
     
  4. vetadmin

    vetadmin Administrator Staff Member

    You can, but please keep in mind that the VA isn't going to 100% consider the application given the divorce. It will have to be clear as to the cause of divorce in the degree, and yes, you can send those statements.

    Considerations such as these are an "exception" and not a rule.

    I hope they will rule in your Mom's favor.
     

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