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 Kansas, as in other states, marriage and divorce 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 laws of each country. Kansas courts will generally recognize a foreign marriage if it was legally performed and valid under the law of the jurisdiction where it occurred. However, when seeking a divorce, the court must have jurisdiction over the parties, which can be complicated if one spouse resides abroad. 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 proceedings. There is no international law governing divorces, so the laws of the state where the divorce is filed will apply. This can lead to complications if the marriage is considered valid in one country but not another. It is crucial for individuals in international marriages or domestic partnerships to consult with an attorney who specializes in family law to navigate the complexities of potential international divorce proceedings.