Mich. Admin. Code R. 28.14960 - Relationship of spouse; determination

Rule 10.

(1) Marriage shall be established by 1 or more of the following types of evidence in the following order of preference:

(a) A 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.

(b) An official report from a public agency as to a marriage which occurred while the officer was employed with the agency.

(c) An affidavit of the clergyman or magistrate who officiated.

(d) An original certificate of marriage accompanied by proof of its genuineness and the authority of the person to perform the marriage.

(e) Affidavits or sworn statements of 2 or more eyewitnesses to the ceremony.

(f) In the case of the death of a Michigan public safety officer who had a "common law" marriage from a state where "common law" marriages are recognized, the spouse may submit an affidavit or certified statement setting forth all of the facts and circumstances concerning the alleged marriage, the 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 may be supplemented by affidavits or certified statements from 2 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 the in the communities in which they lived.

(g) Any other evidence which would reasonably support a belief by the commission that a valid marriage actually existed.

(2) The commission shall not recognize a claimant as a "common law" spouse under R 28.14960(1)(f) unless the previous state of domicile recognized him or her as the spouse of the deceased or permanently and totally disabled officer.

(3) If applicable, certified copies of divorce decrees of previous marriages or death certificates of the former spouses of either party shall be submitted.

Notes

Mich. Admin. Code R. 28.14960

2005 AACS