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 New Mexico, as in other U.S. 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 interplay of various national laws. New Mexico courts will generally recognize a marriage that was legally performed in another country, provided it does not violate the state's public policy. However, when it comes to divorce, the court must have jurisdiction over the parties, which can be complicated if one spouse lives 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 per se. Since there are no overarching international divorce laws, each country's legal system will apply its own rules to determine marital status and the divorce process. This can lead to a situation where a couple is considered married in one country but not in another. Given these complexities, it is crucial for individuals in international marriages or domestic partnerships to seek advice from an attorney who specializes in family law to navigate the potential legal challenges.