SB2749sam002 103RD GENERAL ASSEMBLY

Sen. Laura M. Murphy

Filed: 3/8/2024

10300SB2749sam002 LRB103 35885 JRC 70854 a

AMENDMENT TO SENATE BILL 2749

AMENDMENT NO. ______. Amend Senate Bill 2749 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Sections 203, 208, 301, 302, and 403 as follows:

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

Sec. 203. License to Marry. 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 obtained either the consent to the marriage of both parents or his guardian or judicial approval of the marriage ; 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.)

(750 ILCS 5/208) (from Ch. 40, par. 208)

Sec. 208. Judicial Approval of Underage Marriages. )

(a) The court, after a reasonable effort has been made to notify the parents or guardian of each underaged party, may order the county clerk to issue a marriage license and a marriage certificate form to a party aged 16 or 17 years upon the petition or complaint of the underaged party. The underaged party may independently initiate the proceeding in the party's own name and on the party's own behalf without a parent, guardian, guardian ad litem, next friend, or other appointed person who has no parent capable of consenting to his marriage or whose parent or guardian has not consented to his marriage.

(b) A marriage license and a marriage certificate form may be issued under this Section only if the court finds that the underaged party is capable of assuming the responsibilities of marriage and the marriage will serve the underaged party's his best interest, and the underaged party voluntarily consents to the marriage. Pregnancy alone does not establish that the best interest of the party will be served.

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

(750 ILCS 5/301) (from Ch. 40, par. 301)

Sec. 301. Declaration of Invalidity - Grounds.) The court shall enter its judgment declaring the invalidity of a marriage (formerly known as annulment) entered into under the following circumstances:

(1) a party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity or because of the influence of alcohol, drugs or other incapacitating substances, or a party was induced to enter into a marriage by force or duress or by fraud involving the essentials of marriage;

(2) a party lacks the physical capacity to consummate the marriage by sexual intercourse and at the time the marriage was solemnized the other party did not know of the incapacity;

(3) a party was aged 16 or 17 years and did not have the consent of his parents or guardian or judicial approval for the marriage, or a party was aged 16 to 17 years and did not have the consent of a parent or guardian or judicial approval for a marriage solemnized prior to the effective date of this amendatory Act of the 103rd General Assembly; or

(4) the marriage is prohibited.

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

(750 ILCS 5/302) (from Ch. 40, par. 302)

Sec. 302. Time of Commencement.) (a) A declaration of invalidity under paragraphs (1) through (3) of Section 301 may be sought by any of the following persons and must be commenced within the times specified:

(1) for any of the reasons set forth in paragraph (1) of Section 301, by either party or by the legal representative of the party who lacked capacity to consent, no later than 90 days after the petitioner obtained knowledge of the described condition;

(2) for the reason set forth in paragraph (2) of Section 301, by either party, no later than one year after the petitioner obtained knowledge of the described condition;

(3) for the reason set forth in paragraph (3) of Section 301, by the underaged party, his parent or guardian, prior to the time the underaged party reaches the age at which the underaged party he could have married without needing to satisfy the omitted requirement.

(b) In no event may a declaration of invalidity of marriage be sought after the death of either party to the marriage under subsections (1), (2), and (3) of Section 301.

(c) A declaration of invalidity for the reason set forth in paragraph (4) of Section 301 may be sought by either party, the legal spouse in case of a bigamous marriage, the State's Attorney or a child of either party, at any time not to exceed 3 years following the death of the first party to die.

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

(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. A party to the marriage who is a minor may independently initiate the proceeding in the party's own name and on the party's own behalf without a parent, guardian, guardian ad litem, next friend, or other appointed person.

(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.)".