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 Illinois, individuals contemplating the end of their marriage have several options to consider. Divorce, also known as dissolution of marriage, legally terminates the marriage and resolves issues such as property division, child custody, and support. Marriage counseling is often considered before taking legal steps, as it can help couples address issues and possibly reconcile. Legal separation is recognized in Illinois and allows couples to live apart while remaining legally married; it can address the same issues as divorce but does not end the marriage. Annulment, or declaration of invalidity of marriage, is available in limited circumstances where the marriage is considered legally void or voidable, such as cases of fraud, coercion, or inability to consent. Each of these alternatives has different financial and legal consequences, and individuals should consider consulting with an attorney to understand the implications specific to their situation.