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It is OK everywhere. An estranged wife is a wife who has separated from her husband (but not divorced). A common law wife is any woman living with a man as a couple (they are not married).
So, if a guy separated from his wife (who is now estranged) and then shacks up with his new girl friend (who is now his common law wife), that is what you have.
A common law spouse is one you live with, but do not have a marriage contract with.
I thought there are certain legal aspect to being "common law" which include a period of time spent living together. Here is a texas link.
I also read on wikki one must not already be married,as that would prevent them from being able to marry.
http://www.co.travis.tx.us/dro/common_law.asp