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 Wisconsin, as in other U.S. states, the laws governing marriage and divorce are primarily state-specific. However, when it comes to international marriages and divorces, the complexity increases due to the potential application of different legal systems. If a marriage was performed abroad or involves a foreign national, and the couple seeks a divorce in Wisconsin, they must comply with Wisconsin's divorce laws, which may require residency in the state for a certain period before filing for divorce. Additionally, issues of child custody in the context of international separation may be governed by the Hague Convention on the Civil Aspects of International Child Abduction, which aims to protect children from wrongful removal or retention across international borders. It's important to note that what constitutes a valid marriage can vary between countries, potentially leading to a situation where a marriage is recognized in one country but not in another. Given the complexities of international family law, individuals in such situations are strongly advised to consult with an attorney who specializes in family law to navigate the legal challenges that may arise.