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

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Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Prohibits the marriage of any person under the age of 18. Makes conforming changes in the Act and in the Juvenile Court Act of 1987.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2749 Detail]

Download: Illinois-2023-SB2749-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2749 Introduced 1/16/2024, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
705 ILCS 405/1-3 from Ch. 37, par. 801-3
705 ILCS 405/2-27 from Ch. 37, par. 802-27
750 ILCS 5/203 from Ch. 40, par. 203
750 ILCS 5/212 from Ch. 40, par. 212
750 ILCS 5/301 from Ch. 40, par. 301
750 ILCS 5/302 from Ch. 40, par. 302
750 ILCS 5/403 from Ch. 40, par. 403
Amends the Illinois Marriage and Dissolution of Marriage Act. Prohibits the marriage of any person under the age of 18. Makes conforming changes in the Act and in the Juvenile Court Act of 1987.
LRB103 35885 LNS 65970 b
A BILL FOR
SB2749 LRB103 35885 LNS 65970 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 1-3 and 2-27 as follows:
(705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
Sec. 1-3. Definitions. Terms used in this Act, unless the
context otherwise requires, have the following meanings
ascribed to them:
(1) "Adjudicatory hearing" means a hearing to determine
whether the allegations of a petition under Section 2-13,
3-15, or 4-12 that a minor under 18 years of age is abused,
neglected, or dependent, or requires authoritative
intervention, or addicted, respectively, are supported by a
preponderance of the evidence or whether the allegations of a
petition under Section 5-520 that a minor is delinquent are
proved beyond a reasonable doubt.
(2) "Adult" means a person 21 years of age or older.
(3) "Agency" means a public or private child care facility
legally authorized or licensed by this State for placement or
institutional care or for both placement and institutional
care.
(4) "Association" means any organization, public or

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private, engaged in welfare functions which include services
to or on behalf of children but does not include "agency" as
herein defined.
(4.05) Whenever a "best interest" determination is
required, the following factors shall be considered in the
context of the child's age and developmental needs:
(a) the physical safety and welfare of the child,
including food, shelter, health, and clothing;
(b) the development of the child's identity;
(c) the child's background and ties, including
familial, cultural, and religious;
(d) the child's sense of attachments, including:
(i) where the child actually feels love,
attachment, and a sense of being valued (as opposed to
where adults believe the child should feel such love,
attachment, and a sense of being valued);
(ii) the child's sense of security;
(iii) the child's sense of familiarity;
(iv) continuity of affection for the child;
(v) the least disruptive placement alternative for
the child;
(e) the child's wishes and long-term goals;
(f) the child's community ties, including church,
school, and friends;
(g) the child's need for permanence which includes the
child's need for stability and continuity of relationships

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with parent figures and with siblings and other relatives;
(h) the uniqueness of every family and child;
(i) the risks attendant to entering and being in
substitute care; and
(j) the preferences of the persons available to care
for the child.
(4.1) "Chronic truant" shall have the definition ascribed
to it in Section 26-2a of the School Code.
(5) "Court" means the circuit court in a session or
division assigned to hear proceedings under this Act.
(6) "Dispositional hearing" means a hearing to determine
whether a minor should be adjudged to be a ward of the court,
and to determine what order of disposition should be made in
respect to a minor adjudged to be a ward of the court.
(6.5) "Dissemination" or "disseminate" means to publish,
produce, print, manufacture, distribute, sell, lease, exhibit,
broadcast, display, transmit, or otherwise share information
in any format so as to make the information accessible to
others.
(7) "Emancipated minor" means any minor 16 years of age or
over who has been completely or partially emancipated under
the Emancipation of Minors Act or under this Act.
(7.03) "Expunge" means to physically destroy the records
and to obliterate the minor's name from any official index,
public record, or electronic database.
(7.05) "Foster parent" includes a relative caregiver

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selected by the Department of Children and Family Services to
provide care for the minor.
(8) "Guardianship of the person" of a minor means the duty
and authority to act in the best interests of the minor,
subject to residual parental rights and responsibilities, to
make important decisions in matters having a permanent effect
on the life and development of the minor and to be concerned
with the minor's general welfare. It includes but is not
necessarily limited to:
(a) the authority to consent to marriage, to
enlistment in the armed forces of the United States, or to
a major medical, psychiatric, and surgical treatment; to
represent the minor in legal actions; and to make other
decisions of substantial legal significance concerning the
minor;
(b) the authority and duty of reasonable visitation,
except to the extent that these have been limited in the
best interests of the minor by court order;
(c) the rights and responsibilities of legal custody
except where legal custody has been vested in another
person or agency; and
(d) the power to consent to the adoption of the minor,
but only if expressly conferred on the guardian in
accordance with Section 2-29, 3-30, or 4-27.
(8.1) "Juvenile court record" includes, but is not limited
to:

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(a) all documents filed in or maintained by the
juvenile court pertaining to a specific incident,
proceeding, or individual;
(b) all documents relating to a specific incident,
proceeding, or individual made available to or maintained
by probation officers;
(c) all documents, video or audio tapes, photographs,
and exhibits admitted into evidence at juvenile court
hearings; or
(d) all documents, transcripts, records, reports, or
other evidence prepared by, maintained by, or released by
any municipal, county, or State agency or department, in
any format, if indicating involvement with the juvenile
court relating to a specific incident, proceeding, or
individual.
(8.2) "Juvenile law enforcement record" includes records
of arrest, station adjustments, fingerprints, probation
adjustments, the issuance of a notice to appear, or any other
records or documents maintained by any law enforcement agency
relating to a minor suspected of committing an offense, and
records maintained by a law enforcement agency that identifies
a juvenile as a suspect in committing an offense, but does not
include records identifying a juvenile as a victim, witness,
or missing juvenile and any records created, maintained, or
used for purposes of referral to programs relating to
diversion as defined in subsection (6) of Section 5-105.

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(9) "Legal custody" means the relationship created by an
order of court in the best interests of the minor which imposes
on the custodian the responsibility of physical possession of
a minor and the duty to protect, train, and discipline the
minor and to provide the minor with food, shelter, education,
and ordinary medical care, except as these are limited by
residual parental rights and responsibilities and the rights
and responsibilities of the guardian of the person, if any.
(9.1) "Mentally capable adult relative" means a person 21
years of age or older who is not suffering from a mental
illness that prevents the person from providing the care
necessary to safeguard the physical safety and welfare of a
minor who is left in that person's care by the parent or
parents or other person responsible for the minor's welfare.
(10) "Minor" means a person under the age of 21 years
subject to this Act.
(11) "Parent" means a father or mother of a child and
includes any adoptive parent. It also includes a person (i)
whose parentage is presumed or has been established under the
law of this or another jurisdiction or (ii) who has registered
with the Putative Father Registry in accordance with Section
12.1 of the Adoption Act and whose paternity has not been ruled
out under the law of this or another jurisdiction. It does not
include a parent whose rights in respect to the minor have been
terminated in any manner provided by law. It does not include a
person who has been or could be determined to be a parent under

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the Illinois Parentage Act of 1984 or the Illinois Parentage
Act of 2015, or similar parentage law in any other state, if
that person has been convicted of or pled nolo contendere to a
crime that resulted in the conception of the child under
Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
12-14.1, subsection (a) or (b) (but not subsection (c)) of
Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012, or similar
statute in another jurisdiction unless upon motion of any
party, other than the offender, to the juvenile court
proceedings the court finds it is in the child's best interest
to deem the offender a parent for purposes of the juvenile
court proceedings.
(11.1) "Permanency goal" means a goal set by the court as
defined in subdivision (2) of Section 2-28.
(11.2) "Permanency hearing" means a hearing to set the
permanency goal and to review and determine (i) the
appropriateness of the services contained in the plan and
whether those services have been provided, (ii) whether
reasonable efforts have been made by all the parties to the
service plan to achieve the goal, and (iii) whether the plan
and goal have been achieved.
(12) "Petition" means the petition provided for in Section
2-13, 3-15, 4-12, or 5-520, including any supplemental
petitions thereunder in Section 3-15, 4-12, or 5-520.

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(12.1) "Physically capable adult relative" means a person
21 years of age or older who does not have a severe physical
disability or medical condition, or is not suffering from
alcoholism or drug addiction, that prevents the person from
providing the care necessary to safeguard the physical safety
and welfare of a minor who is left in that person's care by the
parent or parents or other person responsible for the minor's
welfare.
(12.2) "Post Permanency Sibling Contact Agreement" has the
meaning ascribed to the term in Section 7.4 of the Children and
Family Services Act.
(12.3) "Residential treatment center" means a licensed
setting that provides 24-hour care to children in a group home
or institution, including a facility licensed as a child care
institution under Section 2.06 of the Child Care Act of 1969, a
licensed group home under Section 2.16 of the Child Care Act of
1969, a qualified residential treatment program under Section
2.35 of the Child Care Act of 1969, a secure child care
facility as defined in paragraph (18) of this Section, or any
similar facility in another state. "Residential treatment
center" does not include a relative foster home or a licensed
foster family home.
(13) "Residual parental rights and responsibilities" means
those rights and responsibilities remaining with the parent
after the transfer of legal custody or guardianship of the
person, including, but not necessarily limited to, the right

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to reasonable visitation (which may be limited by the court in
the best interests of the minor as provided in subsection
(8)(b) of this Section), the right to consent to adoption, the
right to determine the minor's religious affiliation, and the
responsibility for the minor's support.
(14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court disposition
or execution of court order for placement.
(14.05) "Shelter placement" means a temporary or emergency
placement for a minor, including an emergency foster home
placement.
(14.1) "Sibling Contact Support Plan" has the meaning
ascribed to the term in Section 7.4 of the Children and Family
Services Act.
(14.2) "Significant event report" means a written document
describing an occurrence or event beyond the customary
operations, routines, or relationships in the Department of
Children of Family Services, a child care facility, or other
entity that is licensed or regulated by the Department of
Children of Family Services or that provides services for the
Department of Children of Family Services under a grant,
contract, or purchase of service agreement; involving children
or youth, employees, foster parents, or relative caregivers;
allegations of abuse or neglect or any other incident raising
a concern about the well-being of a minor under the
jurisdiction of the court under Article II of the Juvenile

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Court Act of 1987; incidents involving damage to property,
allegations of criminal activity, misconduct, or other
occurrences affecting the operations of the Department of
Children of Family Services or a child care facility; any
incident that could have media impact; and unusual incidents
as defined by Department of Children and Family Services rule.
(15) "Station adjustment" means the informal handling of
an alleged offender by a juvenile police officer.
(16) "Ward of the court" means a minor who is so adjudged
under Section 2-22, 3-23, 4-20, or 5-705, after a finding of
the requisite jurisdictional facts, and thus is subject to the
dispositional powers of the court under this Act.
(17) "Juvenile police officer" means a sworn police
officer who has completed a Basic Recruit Training Course, has
been assigned to the position of juvenile police officer by
the officer's chief law enforcement officer and has completed
the necessary juvenile officers training as prescribed by the
Illinois Law Enforcement Training Standards Board, or in the
case of a State police officer, juvenile officer training
approved by the Director of the Illinois State Police.
(18) "Secure child care facility" means any child care
facility licensed by the Department of Children and Family
Services to provide secure living arrangements for children
under 18 years of age who are subject to placement in
facilities under the Children and Family Services Act and who
are not subject to placement in facilities for whom standards

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are established by the Department of Corrections under Section
3-15-2 of the Unified Code of Corrections. "Secure child care
facility" also means a facility that is designed and operated
to ensure that all entrances and exits from the facility, a
building, or a distinct part of the building are under the
exclusive control of the staff of the facility, whether or not
the child has the freedom of movement within the perimeter of
the facility, building, or distinct part of the building.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
103-564, eff. 11-17-23.)
(705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
Sec. 2-27. Placement; legal custody or guardianship.
(1) If the court determines and puts in writing the
factual basis supporting the determination of whether the
parents, guardian, or legal custodian of a minor adjudged a
ward of the court are unfit or are unable, for some reason
other than financial circumstances alone, to care for,
protect, train, or discipline the minor or are unwilling to do
so, and that the health, safety, and best interest of the minor
will be jeopardized if the minor remains in the custody of the
minor's parents, guardian, or custodian, the court may at this
hearing and at any later point:
(a) place the minor in the custody of a suitable
relative or other person as legal custodian or guardian;
(a-5) with the approval of the Department of Children

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and Family Services, place the minor in the subsidized
guardianship of a suitable relative or other person as
legal guardian; "subsidized guardianship" means a private
guardianship arrangement for children for whom the
permanency goals of return home and adoption have been
ruled out and who meet the qualifications for subsidized
guardianship as defined by the Department of Children and
Family Services in administrative rules;
(b) place the minor under the guardianship of a
probation officer;
(c) commit the minor to an agency for care or
placement, except an institution under the authority of
the Department of Corrections or of the Department of
Children and Family Services;
(d) on and after the effective date of this amendatory
Act of the 98th General Assembly and before January 1,
2017, commit the minor to the Department of Children and
Family Services for care and service; however, a minor
charged with a criminal offense under the Criminal Code of
1961 or the Criminal Code of 2012 or adjudicated
delinquent shall not be placed in the custody of or
committed to the Department of Children and Family
Services by any court, except (i) a minor less than 16
years of age and committed to the Department of Children
and Family Services under Section 5-710 of this Act, (ii)
a minor under the age of 18 for whom an independent basis

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of abuse, neglect, or dependency exists, or (iii) a minor
for whom the court has granted a supplemental petition to
reinstate wardship pursuant to subsection (2) of Section
2-33 of this Act. On and after January 1, 2017, commit the
minor to the Department of Children and Family Services
for care and service; however, a minor charged with a
criminal offense under the Criminal Code of 1961 or the
Criminal Code of 2012 or adjudicated delinquent shall not
be placed in the custody of or committed to the Department
of Children and Family Services by any court, except (i) a
minor less than 15 years of age and committed to the
Department of Children and Family Services under Section
5-710 of this Act, (ii) a minor under the age of 18 for
whom an independent basis of abuse, neglect, or dependency
exists, or (iii) a minor for whom the court has granted a
supplemental petition to reinstate wardship pursuant to
subsection (2) of Section 2-33 of this Act. An independent
basis exists when the allegations or adjudication of
abuse, neglect, or dependency do not arise from the same
facts, incident, or circumstances which give rise to a
charge or adjudication of delinquency. The Department
shall be given due notice of the pendency of the action and
the Guardianship Administrator of the Department of
Children and Family Services shall be appointed guardian
of the person of the minor. Whenever the Department seeks
to discharge a minor from its care and service, the

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Guardianship Administrator shall petition the court for an
order terminating guardianship. The Guardianship
Administrator may designate one or more other officers of
the Department, appointed as Department officers by
administrative order of the Department Director,
authorized to affix the signature of the Guardianship
Administrator to documents affecting the guardian-ward
relationship of children for whom the Guardianship
Administrator has been appointed guardian at such times as
the Guardianship Administrator is unable to perform the
duties of the Guardianship Administrator office. The
signature authorization shall include, but not be limited
to, matters of consent of marriage, enlistment in the
armed forces, legal proceedings, adoption, major medical
and surgical treatment, and application for driver's
license. Signature authorizations made pursuant to the
provisions of this paragraph shall be filed with the
Secretary of State and the Secretary of State shall
provide upon payment of the customary fee, certified
copies of the authorization to any court or individual who
requests a copy.
(1.5) In making a determination under this Section, the
court shall also consider whether, based on health, safety,
and the best interests of the minor,
(a) appropriate services aimed at family preservation
and family reunification have been unsuccessful in

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rectifying the conditions that have led to a finding of
unfitness or inability to care for, protect, train, or
discipline the minor, or
(b) no family preservation or family reunification
services would be appropriate,
and if the petition or amended petition contained an
allegation that the parent is an unfit person as defined in
subdivision (D) of Section 1 of the Adoption Act, and the order
of adjudication recites that parental unfitness was
established by clear and convincing evidence, the court shall,
when appropriate and in the best interest of the minor, enter
an order terminating parental rights and appointing a guardian
with power to consent to adoption in accordance with Section
2-29.
When making a placement, the court, wherever possible,
shall require the Department of Children and Family Services
to select a person holding the same religious belief as that of
the minor or a private agency controlled by persons of like
religious faith of the minor and shall require the Department
to otherwise comply with Section 7 of the Children and Family
Services Act in placing the child. In addition, whenever
alternative plans for placement are available, the court shall
ascertain and consider, to the extent appropriate in the
particular case, the views and preferences of the minor.
(2) When a minor is placed with a suitable relative or
other person pursuant to item (a) of subsection (1), the court

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shall appoint the suitable relative or other person the legal
custodian or guardian of the person of the minor. When a minor
is committed to any agency, the court shall appoint the proper
officer or representative thereof as legal custodian or
guardian of the person of the minor. Legal custodians and
guardians of the person of the minor have the respective
rights and duties set forth in subsection (9) of Section 1-3
except as otherwise provided by order of court; but no
guardian of the person may consent to adoption of the minor
unless that authority is conferred upon the guardian in
accordance with Section 2-29. An agency whose representative
is appointed guardian of the person or legal custodian of the
minor may place the minor in any child care facility, but the
facility must be licensed under the Child Care Act of 1969 or
have been approved by the Department of Children and Family
Services as meeting the standards established for such
licensing. No agency may place a minor adjudicated under
Sections 2-3 or 2-4 in a child care facility unless the
placement is in compliance with the rules and regulations for
placement under this Section promulgated by the Department of
Children and Family Services under Section 5 of the Children
and Family Services Act. Like authority and restrictions shall
be conferred by the court upon any probation officer who has
been appointed guardian of the person of a minor.
(3) No placement by any probation officer or agency whose
representative is appointed guardian of the person or legal

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custodian of a minor may be made in any out of State child care
facility unless it complies with the Interstate Compact on the
Placement of Children. Placement with a parent, however, is
not subject to that Interstate Compact.
(4) The clerk of the court shall issue to the legal
custodian or guardian of the person a certified copy of the
order of court, as proof of the legal custodian's or
guardian's authority. No other process is necessary as
authority for the keeping of the minor.
(5) Custody or guardianship granted under this Section
continues until the court otherwise directs, but not after the
minor reaches the age of 19 years except as set forth in
Section 2-31, or if the minor was previously committed to the
Department of Children and Family Services for care and
service and the court has granted a supplemental petition to
reinstate wardship pursuant to subsection (2) of Section 2-33.
(6) (Blank).
(Source: P.A. 103-22, eff. 8-8-23.)
Section 10. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 203, 212, 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

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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
has will have attained the age of 18 years at the time the
marriage license is effective or will have attained the
age of 16 years and has either the consent to the marriage
of both parents or his guardian or judicial approval;
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

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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
programs that provide education, advocacy, support, and
prevention services pertaining to Fetal Alcohol Syndrome.
The changes made by this amendatory Act of the 103rd
General Assembly do not invalidate a marriage that was
otherwise valid under this Section prior to the changes.
(Source: P.A. 96-1323, eff. 1-1-11.)
(750 ILCS 5/212) (from Ch. 40, par. 212)
Sec. 212. Prohibited Marriages.
(a) The following marriages are prohibited:
(1) a marriage entered into prior to the dissolution
of an earlier marriage, civil union, or substantially
similar legal relationship of one of the parties, unless
the parties to the marriage are the same as the parties to
a civil union and are seeking to convert their civil union
to a marriage pursuant to Section 65 of the Illinois
Religious Freedom Protection and Civil Union Act;
(2) a marriage between an ancestor and a descendant or
between siblings, whether the relationship is by the half

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or the whole blood or by adoption;
(3) a marriage between an uncle and a niece, between
an uncle and a nephew, between an aunt and a nephew, or
between an aunt and a niece, whether the relationship is
by the half or the whole blood;
(4) a marriage between cousins of the first degree;
however, a marriage between first cousins is not
prohibited if:
(i) both parties are 50 years of age or older; or
(ii) either party, at the time of application for
a marriage license, presents for filing with the
county clerk of the county in which the marriage is to
be solemnized, a certificate signed by a licensed
physician stating that the party to the proposed
marriage is permanently and irreversibly sterile;
(5) (blank);
(6) a marriage of any person under the age of 18.
(b) Parties to a marriage prohibited under subsection (a)
of this Section who cohabit after removal of the impediment
are lawfully married as of the date of the removal of the
impediment.
(c) Children born or adopted of a prohibited or common law
marriage are the lawful children of the parties.
(Source: P.A. 98-597, eff. 6-1-14.)
(750 ILCS 5/301) (from Ch. 40, par. 301)

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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) (blank) a party was aged 16 or 17 years and did not
have the consent of his parents or guardian or judicial
approval; 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.
Time of Commencement.)(a) A declaration of invalidity
under paragraph (1) or (2) paragraphs (1) through (3) of
Section 301 may be sought by any of the following persons and
must be commenced within the times specified:

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(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) (blank) 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 paragraph (1) or (2) 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 minor may independently initiate the
proceeding in the minor's own name and appear on the minor'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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