103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5644

 

Introduced 2/9/2024, by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 5/203  from Ch. 40, par. 203
750 ILCS 5/301  from Ch. 40, par. 301
750 ILCS 5/302  from Ch. 40, par. 302
750 ILCS 5/208 rep.

    Amends the Illinois Marriage and Dissolution of Marriage Act. Requires proof that each party to the marriage has attained the age of 18 years in order to obtain a license to marry and a marriage certificate from the county clerk. Deletes language allowing 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 either the consent to the marriage of both parents or his guardian or judicial approval. Makes corresponding changes. Repeals a provision regarding judicial approval of underage marriages. Effective immediately, except that specified provisions take effect 2 years after the amendatory Act becomes law.


LRB103 36964 JRC 67078 b

 

 

A BILL FOR

 

HB5644LRB103 36964 JRC 67078 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Marriage and Dissolution of
5Marriage Act is amended by changing Section 203 as follows:
 
6    (750 ILCS 5/203)  (from Ch. 40, par. 203)
7    Sec. 203. License to Marry. When a marriage application
8has been completed and signed by both parties to a prospective
9marriage and both parties have appeared before the county
10clerk and the marriage license fee has been paid, the county
11clerk shall issue a license to marry and a marriage
12certificate form upon being furnished:
13        (1) satisfactory proof that each party to the marriage
14    has will have attained the age of 18 years at the time the
15    marriage license is effective or will have attained the
16    age of 16 years and has either the consent to the marriage
17    of both parents or his guardian or judicial approval;
18    provided, if one parent cannot be located in order to
19    obtain such consent and diligent efforts have been made to
20    locate that parent by the consenting parent, then the
21    consent of one parent plus a signed affidavit by the
22    consenting parent which (i) names the absent parent and
23    states that he or she cannot be located, and (ii) states

 

 

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1    what diligent efforts have been made to locate the absent
2    parent, shall have the effect of both parents' consent for
3    purposes of this Section;
4        (2) satisfactory proof that the marriage is not
5    prohibited; and
6        (3) an affidavit or record as prescribed in
7    subparagraph (1) of Section 205 or a court order as
8    prescribed in subparagraph (2) of Section 205, if
9    applicable.
10    With each marriage license, the county clerk shall provide
11a pamphlet describing the causes and effects of fetal alcohol
12syndrome. At least annually, the county board shall submit to
13the Illinois Department of Public Health a report as to the
14county clerk's compliance with the requirement that the county
15clerk provide a pamphlet with each marriage license. All
16funding and production costs for the aforementioned
17educational pamphlets for distribution to each county clerk
18shall be provided by non-profit, non-sectarian statewide
19programs that provide education, advocacy, support, and
20prevention services pertaining to Fetal Alcohol Syndrome.
21(Source: P.A. 96-1323, eff. 1-1-11.)
 
22    Section 10. The Illinois Marriage and Dissolution of
23Marriage Act is amended by changing Sections 301 and 302 as
24follows:
 

 

 

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1    (750 ILCS 5/301)  (from Ch. 40, par. 301)
2    Sec. 301. Declaration of Invalidity - Grounds.) The court
3shall enter its judgment declaring the invalidity of a
4marriage (formerly known as annulment) entered into under the
5following circumstances:
6    (1) a party lacked capacity to consent to the marriage at
7the time the marriage was solemnized, either because of mental
8incapacity or infirmity or because of the influence of
9alcohol, drugs or other incapacitating substances, or a party
10was induced to enter into a marriage by force or duress or by
11fraud involving the essentials of marriage;
12    (2) a party lacks the physical capacity to consummate the
13marriage by sexual intercourse and at the time the marriage
14was solemnized the other party did not know of the incapacity;
15    (3) (blank) a party was aged 16 or 17 years and did not
16have the consent of his parents or guardian or judicial
17approval; or
18    (4) the marriage is prohibited.
19(Source: P.A. 80-923.)
 
20    (750 ILCS 5/302)  (from Ch. 40, par. 302)
21    Sec. 302. Time of Commencement.) (a) A declaration of
22invalidity under paragraph paragraphs (1) or (2) through (3)
23of Section 301 may be sought by any of the following persons
24and must be commenced within the times specified:
25    (1) for any of the reasons set forth in paragraph (1) of

 

 

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1Section 301, by either party or by the legal representative of
2the party who lacked capacity to consent, no later than 90 days
3after the petitioner obtained knowledge of the described
4condition;
5    (2) for the reason set forth in paragraph (2) of Section
6301, by either party, no later than one year after the
7petitioner obtained knowledge of the described condition;
8    (3) (blank) for the reason set forth in paragraph (3) of
9Section 301, by the underaged party, his parent or guardian,
10prior to the time the underaged party reaches the age at which
11he could have married without needing to satisfy the omitted
12requirement.
13    (b) In no event may a declaration of invalidity of
14marriage be sought after the death of either party to the
15marriage under paragraph subsections (1) or , (2) and (3) of
16Section 301.
17    (c) A declaration of invalidity for the reason set forth
18in paragraph (4) of Section 301 may be sought by either party,
19the legal spouse in case of a bigamous marriage, the State's
20Attorney or a child of either party, at any time not to exceed
213 years following the death of the first party to die.
22(Source: P.A. 80-923.)
 
23    (750 ILCS 5/208 rep.)
24    Section 15. The Illinois Marriage and Dissolution of
25Marriage Act is amended by repealing Section 208.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law, except that Section 10 takes effect 2 years
3after this Act becomes law.