Laws regarding marriage and divorce vary from state to state and from country to country. When residents of the United States get married in another country, or when a resident of the United States marries a resident of another country, and the married persons then seek a divorce, the potential application of significantly different laws can make the process more difficult and complex. And this is especially true when the spouses separate and live in different countries before seeking a divorce—sometimes taking or keeping the spouses’ children with them.

There are generally no international divorce laws—only the Hague Convention on the Civil Aspects of International Child Abduction (an international treaty on the wrongful removal or retention of children)—but divorces in which more than one country’s laws may apply are informally referred to as international divorces.

There may also be differences in the laws of different countries regarding what constitutes a marriage—resulting in a situation when two persons are married under the laws of one country, but not under the laws of another country.

A person in such an international marriage or domestic partnership who believes the relationship may be coming to an end should consult with a family law specialist at the earliest opportunity.

In Alabama, as in other states, marriage and divorce laws are governed by state statutes. When an international element is involved, such as when Alabama residents marry abroad or marry non-U.S. residents, the situation can become complex due to the interplay of different legal systems. Alabama courts will generally recognize a marriage that was legally performed in another country, provided it does not violate Alabama's public policy. In the case of divorce, jurisdictional issues may arise, particularly if spouses live in different countries. The court must have proper jurisdiction to grant a divorce, which typically requires that at least one spouse has a significant connection to Alabama, such as residency. The Hague Convention on the Civil Aspects of International Child Abduction is relevant for cases involving the wrongful removal or retention of children across international borders, but it does not cover divorce per se. Since there are no international divorce laws, the laws of the country or state where the divorce is filed will apply. Due to the complexities of international marriage and divorce, it is crucial for individuals to seek advice from an attorney who specializes in family law to navigate the legal challenges that may arise.