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 Oregon, as in other states, the laws governing marriage and divorce are based on state statutes. When an international element is involved, such as when Oregon residents marry abroad or marry a non-U.S. resident, the complexity of a potential divorce increases due to the interplay of different legal systems. Oregon courts generally recognize foreign marriages if they were legally performed and valid in the country of origin. However, when seeking a divorce, the court must have jurisdiction over the case, which can be complicated if one spouse lives abroad. The Hague Convention on the Civil Aspects of International Child Abduction is relevant for cases involving child custody disputes across international borders, but it does not cover divorce proceedings directly. There are no overarching international divorce laws, so each country's laws must be considered. This can lead to discrepancies in what constitutes a valid marriage or the grounds and procedures for divorce. Given these complexities, it is crucial for individuals in international marriages or domestic partnerships to seek advice from an attorney who specializes in family law to navigate the potential legal challenges.