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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.
The term common-law marriage is often used colloquially or by the media to refer to cohabiting couples, regardless of any rights that these couples may have, which can create public confusion both in regard to the term and in regard to the rights of unmarried partners.eople in these true common-law marriages are considered legally married for all purposes and in all circumstances. A couple with a common law marriage should not be confused with a couple which cohabits without holding themselves as married spouses.