Illinois Compiled Statutes
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FAMILIES750 ILCS 5/413
(750 ILCS 5/) Illinois Marriage and Dissolution of Marriage Act.
(750 ILCS 5/413)
(from Ch. 40, par. 413)
(a) A judgment of dissolution
of marriage or of legal separation or of declaration of invalidity of marriage shall be entered within 60 days of the closing of proofs; however, if the court enters an order specifying good cause as to why the court needs an additional 30 days, the judgment shall be entered within 90 days of the closing of proofs, including any hearing under subsection (j) of Section 503 of this Act and submission of closing arguments. 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) Unless the person whose marriage is dissolved or declared
invalid requests otherwise, the judgment under this Section shall contain a provision authorizing the person to resume the use of his or her former or maiden name, should he or she choose to do so, at any time he or she chooses to do so. If a judgment contains such a provision, the person resuming the use of his or her former or maiden name is not required to file a petition for a change of name under Article XXI of the Code of Civil Procedure.
If a person whose marriage is dissolved or declared invalid chooses to resume the use of his or her former or maiden name, he or she is not required to provide notice by publication pursuant to subsection (a) of Section 21-103 of the Code of Civil Procedure.
(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
existing between the parties in the manner adjudged.
(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A. 100-565 for the effective date of P.A. 100-520); 101-203, eff. 1-1-20
750 ILCS 5/Pt. IV-A
(750 ILCS 5/Pt. IV-A heading)
JOINT SIMPLIFIED DISSOLUTION PROCEDURE
750 ILCS 5/451
(750 ILCS 5/451)
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)
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 or military
presence requirement of Section 401 of this Act.
(c) The requirements of Section 401 regarding proof
of irreconcilable differences have been met.
(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
(f) Neither party has any interest in real property
or retirement benefits unless the retirement benefits are exclusively held in individual retirement accounts and the combined value of the accounts is less than $10,000.
(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 $50,000, the combined gross annualized income from all sources is less than $60,000, and neither party has a gross annualized income from all sources in excess of $30,000.
(i) The parties have disclosed to each other all
assets and liabilities 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.
(k) The parties have executed a written agreement
allocating ownership of and responsibility for any companion animals owned by the parties. As used in this Section, "companion animal" does not include a service animal as defined in Section 2.01c of the Humane Care for Animals Act.
(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 100-422, eff. 1-1-18
750 ILCS 5/453
(750 ILCS 5/453)
The parties shall use the forms, including a form for the affidavit required under Section
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. 99-90, eff. 1-1-16
750 ILCS 5/454
(750 ILCS 5/454)
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
(Source: P.A. 88-39.)
750 ILCS 5/455
(750 ILCS 5/455)
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)
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.)