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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 is recognized in the State of Montana. Common Law Marriage is recognized in the State of Montana. MCA 40-1-403. It is a marriage formed without a license and solemnization. The Montana Supreme Court has set out the elements for creating a valid common law marriage. First, the parties must be competent to enter into a marriage.