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 Massachusetts, as in other states, the laws governing marriage and divorce are specific to the jurisdiction. When a marriage occurs abroad or involves individuals from different countries, the complexity of a potential divorce increases due to the possibility of multiple applicable legal systems. Massachusetts courts will generally recognize a marriage that was legally performed in another country, provided it does not violate the state'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. This treaty addresses the wrongful removal or retention of children but does not cover divorce per se. Since there are no overarching international divorce laws, each country's legal stance on marriage and divorce will be influential, potentially leading to conflicting legal determinations about the validity of a marriage or the terms of a divorce. Given these complexities, it is crucial for individuals in international marriages or domestic partnerships to seek the advice of an attorney who specializes in family law to navigate the potential challenges and to ensure that their rights are protected under the varying legal frameworks that may apply.