TN 1 (02-10)
RM 10212.030 Evidence of Name Change based on a US Common-Law Marriage
See Regional Chief Counsel Precedent, PR 02720.000 State Laws on Name Changes based on Common-Law Marriage, to determine whether the
US common-law marriage document submitted is acceptable evidence of a name change
event for the State where the marriage was legalized.
There may be more than one legal opinion listed for the relevant State. Therefore,
scroll through the entire section when searching, to locate any opinion relating to
the type of document submitted.
If there is no legal opinion for a State-issued common law marriage document consult
with your Regional Office (RO). The RO should request a legal opinion from the Regional
Chief Counsel on whether the common law marriage document is acceptable evidence for
a name change.
For a name change on the SSN, only accept evidence as prescribed in the opinion. Do
not accept other evidence of common-law marriage.
NOTE: When a legal opinion precedent is required to determine whether the document submitted
is acceptable for a name change, SSA does not follow common law. SSA follows statutory
law in these situations.
See also:
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RM 10212.055, Evidence Required to Process a Name Change based on Marriage, Civil Union and Domestic
Partnership