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ILLINOIS
FAMILIES

Last update: 2011-11-09


  • Illinois Marriage and Dissolution of Marriage Act.
    • Part I. General Provisions
    • Part II. Marriage
    • Part III. Declaration of Invalidity of Marriage
    • Part IV. Dissolution and Legal Separation
    • Part IV-A. Joint Simplified Dissolution Procedure
    • Part V. Property, Support and Attorney Fees
    • Part VI. Custody
    • Part VII. Miscellaneous
    • Part VIII. Application and Severability
  • Illinois Uniform Premarital Agreement Act.
  • Non-support Punishment Act.
  • Uniform Interstate Family Support Act.
    • Article 1. General Provisions
    • Article 2. Jurisdiction
    • Article 3. Civil Provisions of General Application
    • Article 4. Establishment of Support Order
    • Article 5. Enforcement of Order of Another State Without Registration
    • Article 6. Registration, Enforcement, and Modification of Support Order
      • Part 1. Registration and Enforcement of Support Order
      • Part 2. Contest of Validity or Enforcement
      • Part 3. Registration and Modification of Child Support Order
    • Article 7. Determination of Parentage
    • Article 8. Interstate Rendition
    • Article 9. Miscellaneous Provisions
  • Unified Child Support Services Act.
  • Expedited Child Support Act of 1990.
  • Child Support Payment Act.
  • Income Withholding for Support Act.
  • Emancipation of Minors Act.
  • Uniform Child-custody Jurisdiction and Enforcement Act.
    • Article 1. General Provisions
    • Article 2. Jurisdiction
    • Article 3. Enforcement
    • Article 4. Miscellaneous Provisions
  • Illinois Parentage Act.
  • Illinois Parentage Act of 1984.
  • Gestational Surrogacy Act.
  • Adoption Act.
  • Contest of Adoptions Act.
  • Illinois Domestic Violence Act of 1986.
    • Article I. General Provisions
    • Article II. Orders of Protection
    • Article III. Law Enforcement Responsibilities
    • Article IV. Health Care Providers
  • Address Confidentiality for Victims of Domestic Violence Act.
  • Rights of Married Persons Act.
  • Parental Notice of Abortion Act of 1995.
  • Illinois Religious Freedom Protection and Civil Union Act.

ILLINOIS MARRIAGE AND DISSOLUTION OF MARRIAGE ACT.

Part I
General Provisions

Section 101

(750 ILCS 5/101) (from Ch. 40, par. 101)

Short Title.) This Act may be cited as the "Illinois Marriage and Dissolution of Marriage Act".

(Source: P.A. 86-649.)

Section 102. Purposes; Rules of Construction

(750 ILCS 5/102) (from Ch. 40, par. 102)

This Act shall be liberally construed and applied to promote its underlying purposes, which are to:

(1) provide adequate procedures for the solemnization and registration of marriage;

(2) strengthen and preserve the integrity of marriage and safeguard family relationships;

(3) promote the amicable settlement of disputes that have arisen between parties to a marriage;

(4) mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage;

(5) make reasonable provision for spouses and minor children during and after litigation, including provision for timely awards of interim fees to achieve substantial parity in parties' access to funds for litigation costs;

(6) eliminate the consideration of marital misconduct in the adjudication of rights and duties incident to the legal dissolution of marriage, legal separation and declaration of invalidity of marriage;

(7) secure the maximum involvement and cooperation of both parents regarding the physical, mental, moral and emotional well-being of the children during and after the litigation; and

(8) make provision for the preservation and conservation of assets during the litigation.

(Source: P.A. 89-712, eff. 6-1-97.)

Section 103. Trial by Jury. There Shall Be No Trial by Jury Under This Act.

(750 ILCS 5/103) (from Ch. 40, par. 103)

(Source: P.A. 80-923.)

Section 104

(750 ILCS 5/104) (from Ch. 40, par. 104)

Venue.) The proceedings shall be had in the county where the plaintiff or defendant resides, except as otherwise provided herein, but process may be directed to any county in the State. Objection to venue is barred if not made within such time as the defendant's response is due. In no event shall venue be deemed jurisdictional.

(Source: P.A. 82-716.)

Section 105

(750 ILCS 5/105) (from Ch. 40, par. 105)

Application of Civil Practice Law.) (a) The provisions of the Civil Practice Law shall apply to all proceedings under this Act, except as otherwise provided in this Act.

(b) A proceeding for dissolution of marriage, legal separation or declaration of invalidity of marriage shall be entitled "In re the Marriage of ... and ...". A custody or support proceeding shall be entitled "In re the (Custody) (Support) of ...".

(c) The initial pleading in all proceedings under this Act shall be denominated a petition. A responsive pleading shall be denominated a response. All other pleadings under this Act shall be denominated as provided in the Civil Practice Law.

(Source: P.A. 82-783.)

Section 106

(750 ILCS 5/106) (from Ch. 40, par. 106)

Employment of Administrative Aides.) The employment of qualified administrative aides to assist the court of any county in the administration of proceedings hereunder may be provided for by such county as the case may be. All such aides shall be appointed by the authority which provided for them, subject to the approval of a majority of the judges of each court involved, and shall serve for such terms and shall receive such compensation as provided by ordinance.

(a) The administrative aides shall perform such nonjudicial duties with respect to proceedings hereunder and matters ancillary thereto as the court shall direct.

(b) Any county may make such appropriations as may be necessary to provide for the expense and compensation of the administrative aides.

(Source: P.A. 80-923.)

Section 107. Order of Protection; Status

(750 ILCS 5/107) (from Ch. 40, par. 107)

Whenever relief is sought under Part V, Part VI or Part VII of this Act, the court, before granting relief, shall determine whether any order of protection has previously been entered in the instant proceeding or any other proceeding in which any party, or a child of any party, or both, if relevant, has been designated as either a respondent or a protected person.

(Source: P.A. 87-743.)

Part II
Marriage

Section 201

(750 ILCS 5/201) (from Ch. 40, par. 201)

Formalities.) A marriage between a man and a woman licensed, solemnized and registered as provided in this Act is valid in this State.

(Source: P.A. 80-923.)

Section 202

(750 ILCS 5/202) (from Ch. 40, par. 202)

Marriage License and Marriage Certificate.) (a) The Director of Public Health shall prescribe the form for an application for a marriage license, which shall include the following information:

(1) name, sex, occupation, address, social security number, date and place of birth of each party to the proposed marriage;

(2) if either party was previously married, his name, and the date, place and court in which the marriage was dissolved or declared invalid or the date and place of death of the former spouse;

(3) name and address of the parents or guardian of each party; and

(4) whether the parties are related to each other and, if so, their relationship.

(b) The Director of Public Health shall prescribe the forms for the marriage license, the marriage certificate and, when necessary, the consent to marriage.

(Source: P.A. 80-923.)

Section 203. License to Marry

(750 ILCS 5/203) (from Ch. 40, par. 203)

When a marriage application has been completed and signed by both parties to a prospective marriage and both parties have appeared before the county clerk and the marriage license fee has been paid, the county clerk shall issue a license to marry and a marriage certificate form upon being furnished:

(1) satisfactory proof that each party to the marriage will have attained the age of 18 years at the time the marriage license is effective or will have attained the age of 16 years and has either the consent to the marriage of both parents or his guardian or judicial approval; provided, if one parent cannot be located in order to obtain such consent and diligent efforts have been made to locate that parent by the consenting parent, then the consent of one parent plus a signed affidavit by the consenting parent which (i) names the absent parent and states that he or she cannot be located, and (ii) states what diligent efforts have been made to locate the absent parent, shall have the effect of both parents' consent for purposes of this Section;

(2) satisfactory proof that the marriage is not prohibited; and

(3) an affidavit or record as prescribed in subparagraph (1) of Section 205 or a court order as prescribed in subparagraph (2) of Section 205, if applicable.

With each marriage license, the county clerk shall provide a pamphlet describing the causes and effects of fetal alcohol syndrome. At least annually, the county board shall submit to the Illinois Department of Public Health a report as to the county clerk's compliance with the requirement that the county clerk provide a pamphlet with each marriage license. All funding and production costs for the aforementioned educational pamphlets for distribution to each county clerk shall be provided by non-profit, non-sectarian statewide programs that provide education, advocacy, support, and prevention services pertaining to Fetal Alcohol Syndrome.

(Source: P.A. 96-1323, eff. 1-1-11.)

Section 204. Medical Information Brochure

(750 ILCS 5/204) (from Ch. 40, par. 204)

The county clerk shall distribute free of charge, to all persons applying for a marriage license, a brochure prepared by the Department of Public Health concerning sexually transmitted diseases and inherited metabolic diseases.

(Source: P.A. 86-884.)

Section 205. Exceptions.

(750 ILCS 5/205) (from Ch. 40, par. 205)

(1) Irrespective of the results of laboratory tests and clinical examination relative to sexually transmitted diseases, the clerks of the respective counties shall issue a marriage license to parties to a proposed marriage (a) when a woman is pregnant at the time of such application, or (b) when a woman has, prior to the time of application, given birth to a child born out of wedlock which is living at the time of such application and the man making such application makes affidavit that he is the father of such child born out of wedlock. The county clerk shall, in lieu of the health certificate required hereunder, accept, as the case may be, either an affidavit on a form prescribed by the State Department of Public Health, signed by a physician duly licensed in this State, stating that the woman is pregnant, or a copy of the birth record of the child born out of wedlock, if one is available in this State, or if such birth record is not available, an affidavit signed by the woman that she is the mother of such child.

(2) Any judge of the circuit court within the county in which the license is to be issued is authorized and empowered on joint application by both applicants for a marriage license to waive the requirements as to medical examination, laboratory tests, and certificates, except the requirements of paragraph (4) of subsection (a) of Section 212 of this Act which shall not be waived; and to authorize the county clerk to issue the license if all other requirements of law have been complied with and the judge is satisfied, by affidavit, or other proof, that the examination or tests are contrary to the tenets or practices of the religious creed of which the applicant is an adherent, and that the public health and welfare will not be injuriously affected thereby.

(Source: P.A. 94-229, eff. 1-1-06.)