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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

FAMILIES
(750 ILCS 5/) Illinois Marriage and Dissolution of Marriage Act.

750 ILCS 5/413

    (750 ILCS 5/413) (from Ch. 40, par. 413)
    Sec. 413. Judgment.)
    (a) A judgment of dissolution of marriage or of legal separation or of declaration of invalidity of marriage is final when entered, subject to the right of appeal. An appeal from the judgment of dissolution of marriage that does not challenge the finding as to grounds does not delay the finality of that provision of the judgment which dissolves the marriage, beyond the time for appealing from that provision, and either of the parties may remarry pending appeal. An order requiring maintenance or support of a spouse or a minor child or children entered under this Act or any other law of this State shall not be suspended or the enforcement thereof stayed pending the filing and resolution of post-judgment motions or an appeal.
    (b) The clerk of the court shall give notice of the entry of a judgment of dissolution of marriage or legal separation or a declaration of invalidity of marriage:
        (1) if the marriage is registered in this State, to
    
the county clerk of the county where the marriage is registered, who shall enter the fact of dissolution of marriage or legal separation or declaration of invalidity of marriage in the marriage registry; and within 45 days after the close of the month in which the judgment is entered, the clerk shall forward the certificate to the Department of Public Health on a form furnished by the Department; or
        (2) if the marriage is registered in another
    
jurisdiction, to the appropriate official of that jurisdiction, with the request that he enter the fact of dissolution of marriage or legal separation or declaration of invalidity of marriage in the appropriate record.
    (c) Upon request by a wife whose marriage is dissolved or declared invalid, the court shall order her maiden name or a former name restored.
    (d) A judgment of dissolution of marriage or legal separation, if made, shall be awarded to both of the parties, and shall provide that it affects the status previously existing between the parties in the manner adjudged.
(Source: P.A. 96-1072, eff. 1-1-11.)

750 ILCS 5/Pt. IV-A

 
    (750 ILCS 5/Pt. IV-A heading)
PART IV-A
JOINT SIMPLIFIED DISSOLUTION PROCEDURE

750 ILCS 5/451

    (750 ILCS 5/451)
    Sec. 451. Applicability. In any proceeding under this Part IV-A, the provisions of this Part IV-A shall control where they conflict with other provisions of this Act.
(Source: P.A. 88-39.)

750 ILCS 5/452

    (750 ILCS 5/452)
    Sec. 452. Petition. The parties to a dissolution proceeding may file a joint petition for simplified dissolution if they certify that all of the following conditions exist when the proceeding is commenced:
        (a) Neither party is dependent on the other party for
    
support or each party is willing to waive the right to support; and the parties understand that consultation with attorneys may help them determine eligibility for spousal support.
        (b) Either party has met the residency requirement of
    
Section 401 of this Act.
        (c) Irreconcilable differences have caused the
    
irretrievable breakdown of the marriage and the parties have been separated 6 months or more and efforts at reconciliation have failed or future attempts at reconciliation would be impracticable and not in the best interests of the family.
        (d) No children were born of the relationship of the
    
parties or adopted by the parties during the marriage, and the wife, to her knowledge, is not pregnant by the husband.
        (e) The duration of the marriage does not exceed 8
    
years.
        (f) Neither party has any interest in real property.
        (g) The parties waive any rights to maintenance.
        (h) The total fair market value of all marital
    
property, after deducting all encumbrances, is less than $10,000, the combined gross annualized income from all sources is less than $35,000, and neither party has a gross annualized income from all sources in excess of $20,000.
        (i) The parties have disclosed to each other all
    
assets and their tax returns for all years of the marriage.
        (j) The parties have executed a written agreement
    
dividing all assets in excess of $100 in value and allocating responsibility for debts and liabilities between the parties.
(Source: P.A. 90-731, eff. 7-1-99.)

750 ILCS 5/453

    (750 ILCS 5/453)
    Sec. 453. Procedure; Judgment. The parties shall use the forms provided by the circuit court clerk, and the clerk shall submit the petition to the court. The court shall expeditiously consider the cause. Both parties shall appear in person before the court and, if the court so directs, testify. The court, after examination of the petition and the parties and finding the agreement of the parties not unconscionable, shall enter a judgment granting the dissolution if the requirements of this Part IV-A have been met and the parties have submitted the affidavit required under Section 454. No transcript of proceedings shall be required.
(Source: P.A. 88-39.)

750 ILCS 5/454

    (750 ILCS 5/454)
    Sec. 454. Affidavit. At the time of the hearing, the parties shall submit to the court an affidavit executed by both parties stating that all property has been divided in accordance with the agreement of the parties and that they have executed all documents required to effectuate the agreement.
(Source: P.A. 88-39.)

750 ILCS 5/455

    (750 ILCS 5/455)
    Sec. 455. Copies of judgment. Upon entry of the judgment and upon payment of the fee, the circuit court clerk shall furnish to each party a certified copy of the final judgment of dissolution.
(Source: P.A. 88-39.)

750 ILCS 5/456

    (750 ILCS 5/456)
    Sec. 456. Forms. The contents of forms to be used in simplified dissolutions shall be provided for by court rule. The circuit court clerk shall supply forms upon request for use by parties seeking simplified dissolutions under this Part IV-A.
(Source: P.A. 88-39.)