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 Washington State, marriage and divorce are governed by state law, but international marriages and divorces can introduce complex legal challenges due to the involvement of multiple legal jurisdictions. If a marriage occurs abroad or involves a foreign national, and a divorce is later sought, the laws of both the country where the marriage took place and the laws of Washington may need to be considered. The Hague Convention on the Civil Aspects of International Child Abduction is relevant in cases where children are taken or kept across international borders by one parent, as it provides a legal framework for seeking their return. However, there is no equivalent international treaty for divorce itself. The recognition of a marriage may also vary between countries, potentially leading to a situation where a couple is considered married in one country but not in another. Due to these complexities, it is crucial for individuals in international marriages or domestic partnerships to seek the advice of an attorney who specializes in family law to navigate the potential legal intricacies of international divorce proceedings.