(750 ILCS 5/401)
(from Ch. 40, par. 401)
Dissolution of marriage.
(a) The court shall enter a judgment of dissolution of marriage when at
the time the action was commenced one of the spouses was a resident of this
State or was stationed in this State while a member of the armed services,
and the residence or military presence had been maintained for 90 days next
preceding the commencement of the action or the making of the finding:
Irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.
(a-5) If the parties live separate and apart for a continuous period of not less than 6 months immediately preceding the entry of the judgment dissolving the marriage, there is an irrebuttable presumption that the requirement of irreconcilable differences has been met.
(b) Judgment shall not be entered unless, to the extent it
has jurisdiction to do so, the court has considered, approved, reserved
or made provision for the allocation of parental responsibilities, the support of any child of the
marriage entitled to support, the maintenance of either spouse and
the disposition of property. The court shall enter a judgment for dissolution
that reserves any of these issues either upon (i) agreement of the
parties, or (ii) motion of either party and a finding by the
court that appropriate circumstances exist.
The death of a party subsequent to entry of a judgment for dissolution
but before judgment on reserved issues shall not abate the proceedings.
If any provision of this Section or its application shall be adjudged
unconstitutional or invalid for any reason by any court of competent
jurisdiction, that judgment shall not impair, affect or invalidate any
other provision or application of this Section, which shall remain in full
force and effect.
(Source: P.A. 99-90, eff. 1-1-16