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In the United States, common law marriage can still be contracted in Alabama (until Jan 1, 2017), Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, Utah, the District of Columbia, or under military law.
Common Law Marriage States. 1  Colorado. In order for a common law marriage to exist in Colorado, the relationship must been proven by the cohabitation of the common law spouses and their reputation for being married (on or after Sept. 1, 2006). 2  District of Columbia.