What is the test for establishing that a divorce was not obtained?

MultiRegion, United States of America

The following excerpt is from Grey v. Heckler, 721 F.2d 41 (2nd Cir. 1983):

Suppose, as in this case she did, the wife proves her marriage; that she in no way violated her marriage obligations; that her husband, without cause, deserted her; that she had no knowledge of his second marriage until after his death; that she had no personal knowledge of his having obtained a divorce, and her marriage was never dissolved in the jurisdiction where she lived when he deserted her, and where she continued to live to the time of his death. Would not these facts, in the absence of all counter testimony, afford reasonable ground for presuming that no divorce was obtained?

Cole v. Cole, 153 Ill. 585, 587-88, 38 N.E. 703, 704 (1894).

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