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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.
For example, the common law wife may claim there is a valid common law marriage and the common law husband may not. The Court ultimately has to figure it out and decide if there was a common law marriage under the laws of the other jurisdiction.