Sen. Laura M. Murphy

Filed: 4/17/2024

 

 


 

 


 
10300SB2749sam003LRB103 35885 JRC 71844 a

1
AMENDMENT TO SENATE BILL 2749

2    AMENDMENT NO. ______. Amend Senate Bill 2749 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Marriage and Dissolution of
5Marriage Act is amended by changing Sections 203, 208, 301,
6302, and 403 as follows:
 
7    (750 ILCS 5/203)  (from Ch. 40, par. 203)
8    Sec. 203. License to Marry. When a marriage application
9has been completed and signed by both parties to a prospective
10marriage and both parties have appeared before the county
11clerk and the marriage license fee has been paid, the county
12clerk shall issue a license to marry and a marriage
13certificate form upon being furnished:
14        (1) satisfactory proof that each party to the marriage
15    will have attained the age of 18 years at the time the
16    marriage license is effective or will have attained the

 

 

10300SB2749sam003- 2 -LRB103 35885 JRC 71844 a

1    age of 16 years and has obtained either the consent to the
2    marriage of both parents or his guardian or judicial
3    approval of the marriage ; provided, if one parent cannot
4    be located in order to obtain such consent and diligent
5    efforts have been made to locate that parent by the
6    consenting parent, then the consent of one parent plus a
7    signed affidavit by the consenting parent which (i) names
8    the absent parent and states that he or she cannot be
9    located, and (ii) states what diligent efforts have been
10    made to locate the absent parent, shall have the effect of
11    both parents' consent for purposes of this Section;
12        (2) satisfactory proof that the marriage is not
13    prohibited; and
14        (3) an affidavit or record as prescribed in
15    subparagraph (1) of Section 205 or a court order as
16    prescribed in subparagraph (2) of Section 205, if
17    applicable.
18    With each marriage license, the county clerk shall provide
19a pamphlet describing the causes and effects of fetal alcohol
20syndrome. At least annually, the county board shall submit to
21the Illinois Department of Public Health a report as to the
22county clerk's compliance with the requirement that the county
23clerk provide a pamphlet with each marriage license. All
24funding and production costs for the aforementioned
25educational pamphlets for distribution to each county clerk
26shall be provided by non-profit, non-sectarian statewide

 

 

10300SB2749sam003- 3 -LRB103 35885 JRC 71844 a

1programs that provide education, advocacy, support, and
2prevention services pertaining to Fetal Alcohol Syndrome.
3(Source: P.A. 96-1323, eff. 1-1-11.)
 
4    (750 ILCS 5/208)  (from Ch. 40, par. 208)
5    Sec. 208. Judicial Approval of Underage Marriages. )
6    (a) The court, after a reasonable effort has been made to
7notify the parents or guardian of each underaged party, may
8order the county clerk to issue a marriage license and a
9marriage certificate form to a party aged 16 or 17 years upon
10the petition or complaint of the underaged party. The
11underaged party may independently initiate the proceeding in
12the party's own name and on the party's own behalf without a
13parent, guardian, guardian ad litem, next friend, or other
14appointed person who has no parent capable of consenting to
15his marriage or whose parent or guardian has not consented to
16his marriage.
17    (b) A marriage license and a marriage certificate form may
18be issued under this Section only if the court finds that the
19underaged party is capable of assuming the responsibilities of
20marriage, that and the marriage will serve the underaged
21party's his best interest, and the underaged party voluntarily
22consents to the marriage. Pregnancy alone does not establish
23that the best interest of the party will be served.
24(Source: P.A. 80-923.)
 

 

 

10300SB2749sam003- 4 -LRB103 35885 JRC 71844 a

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) a party was aged 16 or 17 years and did not have the
16consent of his parents or guardian or judicial approval for
17the marriage, or a party was aged 16 to 17 years and did not
18have the consent of a parent or guardian or judicial approval
19for a marriage solemnized prior to the effective date of this
20amendatory Act of the 103rd General Assembly; or
21    (4) the marriage is prohibited.
22(Source: P.A. 80-923.)
 
23    (750 ILCS 5/302)  (from Ch. 40, par. 302)
24    Sec. 302. Time of Commencement.) (a) A declaration of
25invalidity under paragraphs (1) through (3) of Section 301 may

 

 

10300SB2749sam003- 5 -LRB103 35885 JRC 71844 a

1be sought by any of the following persons and must be commenced
2within the times specified:
3    (1) for any of the reasons set forth in paragraph (1) of
4Section 301, by either party or by the legal representative of
5the party who lacked capacity to consent, no later than 90 days
6after the petitioner obtained knowledge of the described
7condition;
8    (2) for the reason set forth in paragraph (2) of Section
9301, by either party, no later than one year after the
10petitioner obtained knowledge of the described condition;
11    (3) for the reason set forth in paragraph (3) of Section
12301, by the underaged party, his parent or guardian, prior to
13the time the underaged party reaches the age at which the
14underaged party he could have married without needing to
15satisfy the omitted requirement.
16    (b) In no event may a declaration of invalidity of
17marriage be sought after the death of either party to the
18marriage under subsections (1), (2), and (3) of Section 301.
19    (c) A declaration of invalidity for the reason set forth
20in paragraph (4) of Section 301 may be sought by either party,
21the legal spouse in case of a bigamous marriage, the State's
22Attorney or a child of either party, at any time not to exceed
233 years following the death of the first party to die.
24(Source: P.A. 80-923.)
 
25    (750 ILCS 5/403)  (from Ch. 40, par. 403)

 

 

10300SB2749sam003- 6 -LRB103 35885 JRC 71844 a

1    Sec. 403. Pleadings - Commencement - Abolition of Existing
2Defenses - Procedure.
3    (a) The complaint or petition for dissolution of marriage
4or legal separation shall be verified and shall minimally set
5forth:
6        (1) the age, occupation and residence of each party
7    and his length of residence in this State;
8        (2) the date of the marriage and the place at which it
9    was registered;
10        (2.5) whether a petition for dissolution of marriage
11    is pending in any other county or state;
12        (3) that the jurisdictional requirements of subsection
13    (a) of Section 401 have been met and that irreconcilable
14    differences have caused the irretrievable breakdown of the
15    marriage;
16        (4) the names, ages and addresses of all living
17    children of the marriage and whether a spouse is pregnant;
18        (5) any arrangements as to support, allocation of
19    parental responsibility of the children and maintenance of
20    a spouse; and
21        (6) the relief sought.
22    (b) Either or both parties to the marriage may initiate
23the proceeding. A party to the marriage who is a minor may
24independently initiate the proceeding in the party's own name
25and on the party's own behalf without a parent, guardian,
26guardian ad litem, next friend, or other appointed person.

 

 

10300SB2749sam003- 7 -LRB103 35885 JRC 71844 a

1    (c) (Blank).
2    (d) The court may join additional parties necessary and
3proper for the exercise of its authority under this Act.
4    (e) Contested trials shall be on a bifurcated basis with
5the issue of whether irreconcilable differences have caused
6the irretrievable breakdown of the marriage, as described in
7Section 401, being tried first, regardless of whether that
8issue is contested or uncontested. Upon the court determining
9that irreconcilable differences have caused the irretrievable
10breakdown of the marriage, the court may allow additional time
11for the parties to settle amicably the remaining issues before
12resuming the trial, or may proceed immediately to trial on the
13remaining issues. The court has the discretion to use the date
14of the trial or such other date as agreed upon by the parties,
15or ordered by the court within its discretion, for purposes of
16determining the value of assets or property. In cases where
17the requirements of Section 401 are uncontested and proved as
18in cases of default, the trial on all other remaining issues
19shall proceed immediately, if so ordered by the court or if the
20parties so stipulate. Except as provided in subsection (b) of
21Section 401, the court shall enter a judgment of dissolution
22of marriage, including an order dissolving the marriage,
23incorporation of a marital settlement agreement if applicable,
24and any other appropriate findings or orders, only at the
25conclusion of the case and not after hearing only the
26testimony as to whether irreconcilable differences have caused

 

 

10300SB2749sam003- 8 -LRB103 35885 JRC 71844 a

1the irretrievable breakdown of the marriage.
2    (f) (Blank).
3(Source: P.A. 99-90, eff. 1-1-16.)".