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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/Pt. IV

 
    (750 ILCS 5/Pt. IV heading)
PART IV
DISSOLUTION AND LEGAL SEPARATION

750 ILCS 5/401

    (750 ILCS 5/401) (from Ch. 40, par. 401)
    Sec. 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.)

750 ILCS 5/402

    (750 ILCS 5/402) (from Ch. 40, par. 402)
    Sec. 402. Legal Separation.
    (a) Any person living separate and apart from his or her spouse may have a remedy for reasonable support and maintenance while they so live apart.
    (b) Such action shall be brought in the circuit court of the county in which the petitioner or respondent resides or in which the parties last resided together as husband and wife. Commencement of the action, temporary relief and trials shall be the same as in actions for dissolution of marriage, except that temporary relief in an action for legal separation shall be limited to the relief set forth in subdivision (a)(1) and items (ii), (iii), and (iv) of subdivision (a)(2) of Section 501. If the court deems it appropriate to enter a judgment for legal separation, the court shall consider the applicable factors in Section 504 in awarding maintenance. If the court deems it appropriate to enter a judgment for legal separation, the court may approve a property settlement agreement that the parties have requested the court to incorporate into the judgment, subject to the following provisions:
        (1) the court may not value or allocate property in
    
the absence of such an agreement;
        (2) the court may disapprove such an agreement only
    
if it finds that the agreement is unconscionable; and
        (3) such an agreement is final and non-modifiable.
    (c) A proceeding or judgment for legal separation shall not bar either party from instituting an action for dissolution of marriage, and if the party so moving has met the requirements of Section 401, a judgment for dissolution shall be granted. Absent an agreement set forth in a separation agreement that provides for non-modifiable permanent maintenance, if a party to a judgment for legal separation files an action for dissolution of marriage, the issues of temporary and permanent maintenance shall be decided de novo.
(Source: P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/403

    (750 ILCS 5/403) (from Ch. 40, par. 403)
    Sec. 403. Pleadings - Commencement - Abolition of Existing Defenses - Procedure.
    (a) The complaint or petition for dissolution of marriage or legal separation shall be verified and shall minimally set forth:
        (1) the age, occupation and residence of each party
    
and his length of residence in this State;
        (2) the date of the marriage and the place at which
    
it was registered;
        (2.5) whether a petition for dissolution of marriage
    
is pending in any other county or state;
        (3) that the jurisdictional requirements of
    
subsection (a) of Section 401 have been met and that irreconcilable differences have caused the irretrievable breakdown of the marriage;
        (4) the names, ages and addresses of all living
    
children of the marriage and whether a spouse is pregnant;
        (5) any arrangements as to support, allocation of
    
parental responsibility of the children and maintenance of a spouse; and
        (6) the relief sought.
    (b) Either or both parties to the marriage may initiate the proceeding.
    (c) (Blank).
    (d) The court may join additional parties necessary and proper for the exercise of its authority under this Act.
    (e) Contested trials shall be on a bifurcated basis with the issue of whether irreconcilable differences have caused the irretrievable breakdown of the marriage, as described in Section 401, being tried first, regardless of whether that issue is contested or uncontested. Upon the court determining that irreconcilable differences have caused the irretrievable breakdown of the marriage, the court may allow additional time for the parties to settle amicably the remaining issues before resuming the trial, or may proceed immediately to trial on the remaining issues. The court has the discretion to use the date of the trial or such other date as agreed upon by the parties, or ordered by the court within its discretion, for purposes of determining the value of assets or property. In cases where the requirements of Section 401 are uncontested and proved as in cases of default, the trial on all other remaining issues shall proceed immediately, if so ordered by the court or if the parties so stipulate. Except as provided in subsection (b) of Section 401, the court shall enter a judgment of dissolution of marriage, including an order dissolving the marriage, incorporation of a marital settlement agreement if applicable, and any other appropriate findings or orders, only at the conclusion of the case and not after hearing only the testimony as to whether irreconcilable differences have caused the irretrievable breakdown of the marriage.
    (f) (Blank).
(Source: P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/404

    (750 ILCS 5/404) (from Ch. 40, par. 404)
    Sec. 404. Conciliation.
    (a) If the court concludes that there is a prospect of reconciliation, the court, at the request of either party, or on its own motion, may order a conciliation conference. The conciliation conference and counseling shall take place at the established court conciliation service of that judicial district or at any similar service or facility where no court conciliation service has been established.
    (b) The facts adduced at any conciliation conference resulting from a referral hereunder, shall not be considered in the adjudication of a pending or subsequent action, nor shall any report resulting from such conference become part of the record of the case unless the parties have stipulated in writing to the contrary.
    The court, upon good cause shown, may prohibit conciliation or other process that requires the parties to meet and confer without counsel.
(Source: P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/404.1

    (750 ILCS 5/404.1) (from Ch. 40, par. 404.1)
    Sec. 404.1. (a) In an action for dissolution of marriage involving minor children, or in a post-judgment proceeding involving minor children, the court may on its own motion order the parties, excluding the minor children, to attend an educational program concerning the effects of dissolution of marriage on the children, if the court finds that it would be in the best interests of the minor children. The program may be divided into sessions, which in the aggregate shall not exceed 4 hours in duration. The program shall be educational in nature and not designed for individual therapy.
    (b) The facts adduced at any educational session resulting from a referral under this Section shall not be considered in the adjudication of a pending or subsequent action, nor shall any report resulting from such educational session become part of the record of the case unless the parties have stipulated in writing to the contrary.
    (c) The fees or costs of educational sessions under this Section shall be borne by the parties and may be assessed by the court as it deems equitable.
(Source: P.A. 86-288.)

750 ILCS 5/405

    (750 ILCS 5/405) (from Ch. 40, par. 405)
    Sec. 405. Hearing on Default - Notice. If the respondent is in default, the court shall proceed to hear the cause upon testimony of petitioner taken in open court, and in no case of default shall the court grant a dissolution of marriage or legal separation or declaration of invalidity of marriage, unless the judge is satisfied that all proper means have been taken to notify the respondent of the pendency of the suit. Whenever the judge is satisfied that the interests of the respondent require it, the court may order such additional notice as may be required. All of the provisions of the Code of Civil Procedure relating to default hearings are applicable to hearings on default.
(Source: P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/406

    (750 ILCS 5/406) (from Ch. 40, par. 406)
    Sec. 406. (Repealed).
(Source: P.A. 81-231. Repealed by P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/407

    (750 ILCS 5/407) (from Ch. 40, par. 407)
    Sec. 407. (Repealed).
(Source: P.A. 84-551. Repealed by P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/408

    (750 ILCS 5/408) (from Ch. 40, par. 408)
    Sec. 408. (Repealed).
(Source: P.A. 80-923. Repealed by P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/409

    (750 ILCS 5/409) (from Ch. 40, par. 409)
    Sec. 409. Proof of Foreign Marriage. A marriage which may have been solemnized or had in any foreign state or country, may be proved by the acknowledgment of the parties, their cohabitation, and other evidence. Certified copies of records of a marriage performed in any foreign state or country obtained from an authorized state governmental unit, embassy, or consulate may be admitted as an exception to the hearsay rule.
(Source: P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/410

    (750 ILCS 5/410) (from Ch. 40, par. 410)
    Sec. 410. Process - Practice - Proceedings - Publication.) The process, practice and proceedings under this Act shall be the same as in other civil cases, except as otherwise provided by this Act, or by any law or rule of court, and except that when the parties resided in a municipality, in a county with a population under 2,000,000, at the time the cause of action arose, and if service by publication is necessary, publication shall be in a newspaper published in such municipality if there is one.
(Source: P.A. 80-923.)

750 ILCS 5/411

    (750 ILCS 5/411) (from Ch. 40, par. 411)
    Sec. 411. Commencement of Action.
    (a) Actions for dissolution of marriage or legal separation shall be commenced as in other civil cases or, at the option of petitioner, by filing a praecipe for summons with the clerk of the court and paying the regular filing fees, in which latter case, a petition shall be filed within 6 months thereafter, or any extension for good cause shown granted by the court.
    (b) When a praecipe for summons is filed without the petition, the summons shall recite that petitioner has commenced suit for dissolution of marriage or legal separation and shall require the respondent to file his or her appearance not later than 30 days from the day the summons is served and to plead to the petitioner's petition within 30 days from the day the petition is filed.
    Until a petition has been filed, the court, pursuant to subsections (c) and (d) herein, may dismiss the suit, order the filing of a petition, or grant leave to the respondent to file a petition in the nature of a counter petition.
    After the filing of the petition, the party filing the same shall, within 2 days, serve a copy thereof upon the other party, in the manner provided by rule of the Supreme Court for service of notices in other civil cases.
    (c) Unless a respondent voluntarily files an appearance, a praecipe for summons filed without the petition shall be served on the respondent not later than 30 days after its issuance, and upon failure to obtain service upon the respondent within the 30 day period, or any extension for good cause shown granted by the court, the court shall dismiss the suit.
    (d) An action for dissolution of marriage or legal separation commenced by the filing a praecipe for summons without the petition may be dismissed if a petition for dissolution of marriage or legal separation has not been filed within 6 months after the commencement of the action or within the extension granted under subsection (a) of this Section.
    (e) The filing of a praecipe for summons under this Section constitutes the commencement of an action that serves as grounds for involuntary dismissal under subdivision (a)(3) of Section 2-619 of the Code of Civil Procedure of a subsequently filed petition for dissolution of marriage or legal separation in another county.
(Source: P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/412

    (750 ILCS 5/412) (from Ch. 40, par. 412)
    Sec. 412. (Repealed).
(Source: P.A. 81-231. Repealed by P.A. 99-90, eff. 1-1-16.)

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 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) 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. 99-90, eff. 1-1-16.)