Divorce information roadblock

Discussion in 'General Discussion' started by VetsDaughter, Dec 19, 2007.

  1. VetsDaughter

    VetsDaughter Newbie

    Hi.

    I was waiting to post again with the news that my mom had gotten her benefits. Sad to say, I have just received a letter requesting more information...

    My dad was previously married. No one living, including his daughter by that marriage, recalls where the divorce took place. Everyone else who would have been old enough to remember is either deceased or has dementia. When I filled out the application, I wrote in "unknown" and then added an explanation on the last page. That wasn't good enough, apparently.

    I have been asked to fill out form 4138 and to include the date and place of the divorce.

    Any suggestions on what to say on form 4138 or how I might discover where they divorced? It could be either California or Kentucky.

    Thanks for any help.

    Ann
     
  2. veteranadvocate

    veteranadvocate Full Member

    Ann, is the prior spouse now deceased? If so and you can provide a copy of the death certificate and/or a statement from the daughter of the prior spouse could take care of this problem. The daughter would just have to state that she is aware of the prior marriage and divorce but do not have the dates. This statement should be completed on a VA form 21-4138 due to having the statement on the bottom of the form that certifies the information being true.

    There are other avenues to search this information on the Internet. Hope this will be of some help to you.
    We hope to hear some good news from you soon about your mother's award being approved.
     
  3. VetsDaughter

    VetsDaughter Newbie

    Thank you for your reply; nice to know someone with suggestions is "listening"!

    The ex-spouse is deceased and we can get her death certificate if need be. My sister has a call into a county in Kentucky where they are going to search the records to see if the divorce took place there. We've got our fingers crossed but I am not terribly hopeful.

    I just thought of something else, my dad was not married to my mom during his service. Would that disqualify her from receiving benefits?

    Thanks again.

    Ann
     
  4. veteranadvocate

    veteranadvocate Full Member

    I just thought of something else, my dad was not married to my mom during his service. Would that disqualify her from receiving benefits?


    It does not matter if your mom was married to your dad during service. The reason for the VA asking for this information is to have all the facts on record so if they have more then one claim being filed on the same veteran's entitlement, they want to know who is the proper claimant is.
     
  5. veteranadvocate

    veteranadvocate Full Member

    Ann, I forgot to mention that you should not drop the claim even if you cannot locate any certificates. If the VA doesn't have anything on file that would be questionable regarding your mother and father's marriage, they should approve the claim based on evidence of record. If you have any problems with this please let us know.
     
  6. VetsDaughter

    VetsDaughter Newbie

    Hi.

    I wonder if it would help matters if I got a copy of my dad's ex-spouse's marriage certificate? It would show that she had re-married before my parents married. I am not sure if my half sister has a copy of their certificate but I could certainly ask her.

    Thanks again for listening to me and giving me such excellent information.

    Ann
     
  7. veteranadvocate

    veteranadvocate Full Member

    Ann,

    That could be of help. It would lean the balance of the evidence toward you Mother's side and the VA would be obligated to apply the 'benefit of the doubt' rule. Let us know how it turns out.

    Merry Christmas and have a Happy New Years.
     

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