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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.
Tips: 1  These states have restrictions and only recognize common-law marriages performed/created by a certain date: Georgia, January 1, 1997. Idaho, January 1, 1996. 2  New Hampshire only recognizes common-law marriages for probate purposes.