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 Utah, as in other states, marriage and divorce are governed by state statutes. When a marriage occurs abroad or involves individuals from different countries, the process of divorce can become complex due to the involvement of multiple legal jurisdictions. Utah courts generally recognize foreign marriages if they were legally performed and valid in the country of origin, and the same applies to divorces. However, issues arise when spouses live in different countries or when children are taken across international borders, potentially invoking the Hague Convention on the Civil Aspects of International Child Abduction, which aims to protect children from international abduction by a parent. This treaty provides a legal framework for the return of abducted children to their country of habitual residence. Utah does not have specific international divorce laws, but the state's family law courts will navigate the complexities of such cases, often applying Utah law to the divorce proceedings. It is crucial for individuals in international marriages contemplating divorce to consult with an attorney who specializes in family law and has experience with international aspects to ensure proper handling of their case.