Public Act 90-0174 of the 90th General Assembly

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Public Act 90-0174

SB125 Enrolled                                 LRB9001055SMdv

    AN ACT to amend the Illinois Marriage and Dissolution  of
Marriage Act by changing Section 403.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The  Illinois  Marriage  and  Dissolution  of
Marriage Act is amended by changing Section 403 as follows:

    (750 ILCS 5/403) (from Ch. 40, par. 403)
    Sec.  403.   Pleadings  -  Commencement  -  Abolition  of
Existing   Defenses   -  Procedure.)  (a)  The  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 there exist grounds
for  dissolution  of  marriage  or  legal   separation.   The
petitioner  need  only  allege  the  name  of  the particular
grounds  relied  upon,  which  shall  constitute  a   legally
sufficient  allegation  of  the  grounds;  and the respondent
shall be entitled to demand a bill of  particulars  prior  to
trial setting forth the facts constituting the grounds, if he
so chooses. The petition must also contain:
    (4)  the names, ages and addresses of all living children
of the marriage and whether the wife is pregnant;
    (5)  any   arrangements   as   to  support,  custody  and
visitation 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.
    (c)  The  previously existing defense of recrimination is
abolished. The defense of condonation is abolished only as to
condonations occurring after a  proceeding   is  filed  under
this  Act  and after the court has acquired jurisdiction over
the respondent.
    (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  grounds  being  tried first.  Upon the court determining
that the grounds exist, 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.  In cases where the grounds
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, issue
on the pleadings notwithstanding.
    (f)  Even if no bill of particulars shall have been filed
demanding  the  specification   of   the   particular   facts
underlying  the  allegation  of  the grounds, the court shall
nonetheless  require  proper  and  sufficient  proof  of  the
existence of the grounds.
(Source: P.A. 85-754.)

    Section 99.  Effective date.  This Act  takes  effect  on
October 1, 1997.

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