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 Idaho, as in other U.S. states, marriage and divorce laws are governed by state statutes. When an international element is involved, such as when Idaho residents marry abroad or marry a non-U.S. resident, the divorce process can become more complex due to the potential application of different legal systems. Idaho courts will generally recognize a marriage that was legally performed in another country, provided it does not violate Idaho's public policy. In cases of international divorce, where spouses live in different countries or there are issues of child custody across borders, the Hague Convention on the Civil Aspects of International Child Abduction may come into play to address the wrongful removal or retention of children. However, there is no equivalent international treaty for divorce itself. Each country has its own laws defining what constitutes a valid marriage, which can lead to a situation where a couple is considered married in one country but not in another. Given the complexities of international marriage and divorce, it is crucial for individuals in such situations to seek advice from an attorney who specializes in family law to navigate the legal challenges that may arise.