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 Alaska, as in other states, marriage and divorce are governed by state statutes. When an international element is involved, such as when Alaskan residents marry abroad or marry non-U.S. residents, the complexity of divorce proceedings can increase significantly. Alaska recognizes marriages legally performed in other countries, provided they do not violate the state's fundamental principles. In cases of international divorce, where spouses live in different countries or there are disputes about child custody across borders, the Hague Convention on the Civil Aspects of International Child Abduction may come into play. This treaty addresses the wrongful removal or retention of children but does not cover divorce per se. Alaska does not have specific international divorce laws; instead, the state's domestic laws will apply, and the courts will consider international aspects on a case-by-case basis. It is important for individuals in international marriages to consult with an attorney who specializes in family law to navigate the complexities of their situation, including potential conflicts of law and jurisdictional issues.