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 Oklahoma, as in other states, marriage and divorce are governed by state statutes. When an international element is involved, such as when Oklahoma residents marry abroad or marry non-U.S. residents, the complexity of potential legal issues increases. Oklahoma courts generally recognize foreign marriages if they were legally performed and valid in the country of origin, provided they do not violate Oklahoma's public policy. In cases of international divorce, Oklahoma courts will assert jurisdiction if at least one spouse meets the state's residency requirements, typically six months of residency prior to filing for divorce. However, the division of assets, custody issues, and enforcement of orders can become complicated if spouses are living in different countries. 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 laws must be considered, and the legal process can be significantly more complex. It is crucial for individuals in such situations to consult with an attorney who specializes in family law and has experience with international cases to navigate the intricacies of potentially applicable laws and treaties.