Bill Amendment: IL SB2749 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: IMDMA-NO MARRIAGE UNDER AGE 18

Status: 2025-01-07 - Session Sine Die [SB2749 Detail]

Download: Illinois-2023-SB2749-Senate_Amendment_002.html

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Sen. Laura M. Murphy

Filed: 3/8/2024

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AMENDMENT TO SENATE BILL 2749
AMENDMENT NO. ______. Amend Senate Bill 2749 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 203, 208, 301,
302, and 403 as follows:
(750 ILCS 5/203) (from Ch. 40, par. 203)
Sec. 203. License to Marry. When a marriage application
has been completed and signed by both parties to a prospective
marriage and both parties have appeared before the county
clerk and the marriage license fee has been paid, the county
clerk shall issue a license to marry and a marriage
certificate form upon being furnished:
(1) satisfactory 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

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

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

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(750 ILCS 5/301) (from Ch. 40, par. 301)
Sec. 301. Declaration of Invalidity - Grounds.) The court
shall enter its judgment declaring the invalidity of a
marriage (formerly known as annulment) entered into under the
following circumstances:
(1) a party lacked capacity to consent to the marriage at
the time the marriage was solemnized, either because of mental
incapacity or infirmity or because of the influence of
alcohol, drugs or other incapacitating substances, or a party
was induced to enter into a marriage by force or duress or by
fraud involving the essentials of marriage;
(2) a party lacks the physical capacity to consummate the
marriage by sexual intercourse and at the time the marriage
was solemnized the other party did not know of the incapacity;
(3) a party was aged 16 or 17 years and did not have the
consent of his parents or guardian or judicial approval for
the marriage, or a party was aged 16 to 17 years and did not
have the consent of a parent or guardian or judicial approval
for a marriage solemnized prior to the effective date of this
amendatory Act of the 103rd General Assembly; or
(4) the marriage is prohibited.
(Source: P.A. 80-923.)
(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

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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 the
underaged party 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.)
(750 ILCS 5/403) (from Ch. 40, par. 403)

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Sec. 403. Pleadings - Commencement - Abolition of Existing
Defenses - Procedure.
(a) The complaint or 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 irreconcilable
differences have caused the irretrievable breakdown of the
marriage;
(4) the names, ages and addresses of all living
children of the marriage and whether a spouse is pregnant;
(5) any arrangements as to support, allocation of
parental responsibility 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. A party to the marriage who is a minor may
independently initiate the proceeding in the party's own name
and on the party's own behalf without a parent, guardian,
guardian ad litem, next friend, or other appointed person.

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(c) (Blank).
(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 issue of whether irreconcilable differences have caused
the irretrievable breakdown of the marriage, as described in
Section 401, being tried first, regardless of whether that
issue is contested or uncontested. Upon the court determining
that irreconcilable differences have caused the irretrievable
breakdown of the marriage, 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. The court has the discretion to use the date
of the trial or such other date as agreed upon by the parties,
or ordered by the court within its discretion, for purposes of
determining the value of assets or property. In cases where
the requirements of Section 401 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. Except as provided in subsection (b) of
Section 401, the court shall enter a judgment of dissolution
of marriage, including an order dissolving the marriage,
incorporation of a marital settlement agreement if applicable,
and any other appropriate findings or orders, only at the
conclusion of the case and not after hearing only the
testimony as to whether irreconcilable differences have caused

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