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 Nebraska, as in other U.S. states, marriage and divorce laws 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 between countries. Nebraska courts will generally recognize a marriage that was legally performed in another country, provided it does not violate Nebraska's public policy. However, when it comes to divorce, jurisdictional issues can arise, especially if the spouses are living in different countries or if there are children involved who may have been taken across international borders. The Hague Convention on the Civil Aspects of International Child Abduction is relevant in cases involving the wrongful removal or retention of children across international borders, but it does not cover divorce proceedings directly. Since there are no international divorce laws per se, each country's laws must be considered separately. In cases of international marriages, it is possible that a marriage may be recognized in one country but not in another, depending on local legal definitions of marriage. Individuals in Nebraska facing potential international divorce issues should seek advice from an attorney who specializes in family law to navigate the complexities of their specific situation.