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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.
States With Common Law Marriage. 1  Colorado: Common law marriage contracted on or after Sept. 1, 2006, is valid if, at the time the marriage was entered into, both parties are 18 years or older, and the marriage is not prohibited by other law (Colo.