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| [ Introduced ] | [ House Amendment 001 ] |
90_HB0132eng
750 ILCS 5/403 from Ch. 40, par. 403
Amends the Marriage and Dissolution of Marriage Act.
Provides that legal disability, insanity, and incompetence
are not defenses to an action for dissolution of marriage or
legal separation that is brought on grounds of irreconcilable
differences. Provides that, if the requirements of the Act
are met, a spouse may maintain an action seeking a
dissolution of marriage or legal separation from a spouse on
grounds of irreconcilable differences regardless of whether
the spouse from whom the dissolution or legal separation is
sought is under a legal disability. Effective immediately.
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1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 403.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Section 403 as follows:
7 (750 ILCS 5/403) (from Ch. 40, par. 403)
8 Sec. 403. Pleadings; Commencement; Abolition of Existing
9 Defenses; Procedure.) (a) The petition for dissolution of
10 marriage or legal separation shall be verified and shall
11 minimally set forth:
12 (1) the age, occupation and residence of each party and
13 his length of residence in this State;
14 (2) the date of the marriage and the place at which it
15 was registered;
16 (3) that the jurisdictional requirements of subsection
17 (a) of Section 401 have been met and that there exist grounds
18 for dissolution of marriage or legal separation. The
19 petitioner need only allege the name of the particular
20 grounds relied upon, which shall constitute a legally
21 sufficient allegation of the grounds; and the respondent
22 shall be entitled to demand a bill of particulars prior to
23 trial setting forth the facts constituting the grounds, if he
24 so chooses. The petition must also contain:
25 (4) the names, ages and addresses of all living children
26 of the marriage and whether the wife is pregnant;
27 (5) any arrangements as to support, custody and
28 visitation of the children and maintenance of a spouse; and
29 (6) the relief sought.
30 (b) Either or both parties to the marriage may initiate
31 the proceeding.
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1 (c) The previously existing defense of recrimination is
2 abolished. The defense of condonation is abolished only as to
3 condonations occurring after a proceeding is filed under
4 this Act and after the court has acquired jurisdiction over
5 the respondent.
6 (c-1) The following shall not constitute a defense to
7 the grounds of irreconcilable differences alleged in a
8 petition for dissolution of marriage or legal separation:
9 that the respondent has been found to be disabled, pursuant
10 to the Probate Act of 1975; that the respondent has been
11 found to be insane or mentally ill, pursuant to the Criminal
12 Code of 1961; that the respondent has been found to be unfit
13 to stand trial pursuant to the Code of Criminal Procedure of
14 1963; that the respondent has been found to be mentally
15 disabled pursuant to the Mental Health and Developmental
16 Disabilities Code; or that the respondent has been found
17 eligible to receive any private or government pension,
18 allowance, or benefit based upon the respondent's mental
19 condition.
20 (d) The court may join additional parties necessary and
21 proper for the exercise of its authority under this Act.
22 (e) Contested trials shall be on a bifurcated basis with
23 the grounds being tried first. Upon the court determining
24 that the grounds exist, the court may allow additional time
25 for the parties to settle amicably the remaining issues
26 before resuming the trial, or may proceed immediately to
27 trial on the remaining issues. In cases where the grounds
28 are uncontested and proved as in cases of default, the trial
29 on all other remaining issues shall proceed immediately, if
30 so ordered by the court or if the parties so stipulate, issue
31 on the pleadings notwithstanding.
32 (f) Even if no bill of particulars shall have been filed
33 demanding the specification of the particular facts
34 underlying the allegation of the grounds, the court shall
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1 nonetheless require proper and sufficient proof of the
2 existence of the grounds.
3 (Source: P.A. 85-754.)
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.