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 Delaware, as in other U.S. states, marriage and divorce laws are governed by state statutes. When a marriage occurs abroad or involves individuals from different countries, the process of obtaining a divorce can become complex due to the differing legal systems involved. Delaware courts will generally recognize a foreign marriage if it was legally performed and valid in the country where it occurred. However, when seeking a divorce, especially in cases where spouses live in different countries or there are issues of child custody across borders, the situation can be complicated by the need to consider multiple legal jurisdictions. 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 directly. There is no overarching international divorce law, so the laws of the respective countries will apply. This can lead to discrepancies in what constitutes a valid marriage or the grounds and procedures for divorce. Individuals in such situations should seek the advice of an attorney who specializes in family law to navigate the complexities of international marriage and divorce.