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 York, as in other states, the laws governing marriage and divorce are specific to the jurisdiction. International marriages and divorces present unique challenges due to the involvement of different legal systems. When a marriage occurs abroad or involves individuals from different countries, and a divorce is sought, the laws of the state of New York will apply if the divorce is filed there. However, the recognition of foreign marriages and the applicability of foreign laws can complicate the process. The Hague Convention on the Civil Aspects of International Child Abduction is relevant in cases where children are wrongfully removed or retained across international borders, but it does not govern divorce directly. New York may recognize a marriage conducted in another country if it was valid under that country's law, but discrepancies in marriage laws can lead to a marriage being recognized in one country and not in another. Given the complexities of international family law, it is crucial for individuals in such situations to seek advice from an attorney who specializes in family law to navigate the potential legal hurdles.