Question Presented
               You asked us to provide an opinion on whether an order from the Fifth Judicial District
                  Court in Washington County, Utah, and the common law marriage recognized in said order,
                  is sufficient evidence for a name change by the agency.
               
               Short Answer
               The petition signed by Andrew and Brandi attesting to their common law marriage, and
                  the subsequent order from a Utah state court ruling that their marriage is legal and
                  valid under the laws of the state of Utah, constitute sufficient evidence that Brandi
                  is married to Andrew for the purposes of the requested name change. Further, because
                  both Andrew and Brandi signed the court petition, sufficient evidence has been presented
                  of Brandi’s requested new name – Brandi. However, before the agency can change Brandi’s
                  name, she will need to present additional documentation to verify her identity because
                  the petition and court order are more than two years old.
               
               We note that our opinion is limited to the specific facts of this case, and limited
                  to the issue of the requested name change.
               
               Background
               On or about November 15, 2010, Andrew and Brandi submitted a joint petition to the
                  Fifth Judicial District Court in Washington County, Utah, asking the court to recognize
                  their common law marriage. According to the petition, the couple exchanged vows and
                  rings in November and have been living as husband and wife since that time. At the
                  time they exchanged vows, Andrew was 19 years old (born May) and Brandi was 18 years
                  old (born September) and, therefore, were of legal age.[1] See Utah Code Annotated (U.C.A.) § 30-1-4.5. Their petition indicated that they jointly
                  purchased a home in 2001 and have a child together. On January 18, 2011, the Fifth
                  Judicial District Court issued an order decreeing that the couple had a legal and
                  valid marriage pursuant to U.C.A. § 30-1-4.5.
               
               Discussion
               In general, an individual seeking to change her name must present (1) evidence of
                  a name change event; (2) evidence of the new name; and (3) evidence of the individual
                  (numberholder’s) identity. See POMS RM 10212.055. In this particular case, a common-law marriage established by court order qualifies
                  as a name change event because a Utah court has ruled that the statutory requirements
                  to establish a common-law marriage have been met. See, e.g., POMS RM 10212.010.
               
               Evidence of a Name Change Event
               Common-law marriage may be an acceptable name change event, depending on state law.
                  See POMS RM 10212.030. Under U.C.A. § 30-1-4.5, an unsolemnized (i.e., common-law) marriage is recognized as legal and valid in the State of Utah if the
                  following requirements are met: (1) the parties are of legal age and capable of giving
                  consent; (2) the parties are legally capable of entering into a solemnized marriage;
                  (3) the parties have cohabited; (4) the parties have mutually assumed marital rights,
                  duties, and obligations; (5) the parties hold themselves out as and have acquired
                  a uniform and general reputation as husband and wife; and (6) each of the previous
                  five elements has been established by court or administrative order. See U.C.A. § 30-1-4.5; see also Richard v. Brown, 274 P.3d 911 (Utah 2012). A marriage recognized under the common-law marriage statute
                  is considered valid from the time in which the marriage was first entered into. See W~ v. B~, 885 P.2d 791 (Utah 1994).
               
               The only evidence provided to the agency that Andrew and Brandi met each of the elements
                  of U.C.A. § 30-1-4.5 was the petition that they jointly submitted to the Fifth Judicial
                  District Court. The petition recites the necessary facts sufficient to establish that
                  the requirements of the statute were met, but there is no indication that any independent
                  evidence was provided to support the statements made in the petition (such as birth
                  certificates or affidavits). That said, the District Court ruled that sufficient evidence
                  had been presented to meet the requirements of U.C.A. § 30-1-4.5, and decreed that
                  the marriage was legal and valid.
               
               The fact that the petition in this case was submitted jointly and uncontested is of
                  some concern because no independent, additional documents were provided as verification
                  of the statements made in the petition. However, there is no indication that any of
                  the facts presented in the joint petition were inaccurate and, as such, we have no
                  reason to doubt the facts as presented. Further, in the State of Utah the standard
                  of proof for establishing a common law marriage under U.C.A. § 30-1-4.5 is by a preponderance
                  of the evidence. See Hansen v. Hansen, 958 P.2d 931, 935 (Utah Ct. App. 1998).[2] Given that Utah only requires proof of marriage by a preponderance of the evidence,
                  and given that we have no reason to doubt the facts in the petition, we can reasonably
                  rely on the court order as sufficient evidence of the common-law marriage for purposes
                  of establishing a name change event.[3] We note that this opinion is limited to the issue of the requested name change. If
                  a claim for benefits were filed that required proof of the common-law marriage, we
                  would recommend the additional development outlined in POMS GN 00305.065.
               
               Evidence of the New Name
               Here, the name that Brandi seeks to use, Brandi, can be derived from the petition
                  (and court order affirming the petition) as it could from a marriage license, because
                  spouses Andrew and Brandi both signed the petition. See generally POMS RM 010212.055(B). Therefore, the court order and the associated petition are
                  sufficient evidence of both a name change event and evidence of the new name that
                  Brandi seeks to use.
               
               Evidence of Identity
               The petition and court order are dated November 10, 2010, and January 15, 2011, respectively.
                  Because they are more than two years old, they cannot serve as evidence of the numberholder’s
                  identity. See POMS RM 10212.015(D). Brandi will have to submit an additional document establishing her identity in
                  order for her name to be changed (in accordance with the requirements of POMS RM 10212.015). Id. For example, Brandi could present an identity document in the prior name shown on
                  her numident record. See POMS RM 10212.015(D); POMS RM 10210.420 (priority list of acceptable evidence of identity documents).
               
               Conclusion
               For the limited purpose of changing Brandi’s last name, Andrew and Brandi have presented
                  sufficient proof of their common law marriage. This court order and the accompanying
                  petition are sufficient evidence of a name change event and of the new name Brandi
                  seeks to use (i.e., changing her surname to her husband’s surname, R~). However, because the documents
                  are more than two years old, Brandi will need to present additional evidence of her
                  identity before the Agency can change her name.
               
               John J~
               Regional Chief Counsel
               By: ___________________
               Sarah Van A~
               Assistant Regional Counsel