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 Michigan, as in other U.S. states, the laws governing marriage and divorce are primarily state-specific. However, when it comes to international marriages and divorces, the complexity increases due to the potential application of different legal systems. If a marriage is performed abroad, it is generally recognized in Michigan if it was legal in the country where it occurred. For international divorces, Michigan courts can assert jurisdiction if at least one spouse is a resident of Michigan, but the division of assets and custody arrangements can be complicated by differing international laws. 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. It is important to note that there is no uniform set of international divorce laws, and what is considered a valid marriage can vary between countries. Individuals in Michigan facing the prospect of an international divorce, especially with children involved or where spouses reside in different countries, should seek the advice of an attorney who specializes in family law to navigate the complexities of their specific situation.