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Illinois Compiled Statutes - Full Text
Illinois Compiled Statutes (ILCS)
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(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 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.)
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