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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.
A common law marriage exists only if all of the following are true: 1  The couple has a mutual agreement of marriage in praesenti (presently). 2  Both people are competent to marry (that is, of age and so on). 3  The couple has sexually consummated the marriage and lives together. 4  The couple holds themselves out to the public as husband and wife. 5  The ...