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 Illinois, as in other states, marriage and divorce laws are governed by state statutes. When it comes to international marriages and divorces, the complexity increases due to the involvement of different legal systems. Illinois recognizes marriages legally performed in other countries, provided they do not violate Illinois public policy. For divorces, jurisdiction is typically established in the state where a person is a resident, but when spouses live in different countries, determining jurisdiction can be more complex. 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 laws. Illinois residents facing potential international divorce should seek the advice of an attorney who specializes in family law to navigate the intricacies of multiple legal systems and to ensure that their rights are protected under the applicable laws.