Persons considering ending their marriage through the divorce process may also consider marriage counseling, legal separation (in states that recognize such a status), annulment (in limited circumstances), and living apart. Each of these alternatives may have financial and other consequences.
In Wisconsin, individuals contemplating the end of their marriage have several options to consider. Divorce legally dissolves the marriage and is available when at least one party believes the marriage is irretrievably broken. Marriage counseling is often considered before proceeding with a divorce and can be a way to potentially reconcile or at least ensure that divorce is the right decision. Legal separation is another option recognized in Wisconsin, which allows couples to live apart and divide their assets without formally ending the marriage; it can be converted into a divorce after one year. Annulment is a legal procedure that declares a marriage null and void but is only available under specific, limited circumstances, such as fraud, bigamy, or mental incapacity at the time of marriage. Each of these alternatives has different financial implications and legal consequences, such as affecting property division, spousal support, and child custody. It is advisable to consult with an attorney to understand the implications of each choice fully.