Chapter 750 — FAMILIES

(750 ILCS 5/101) (from Ch. 40, par. 101) Sec. 101. Short Title.) This Act may be cited as the "Illinois Marriage and Dissolution of Marriage Act". (Source: P.A. 86-649.)

(750 ILCS 5/102) (from Ch. 40, par. 102) Sec. 102. Purposes; Rules of Construction. This Act shall be liberally construed and applied to promote its underlying purposes, which are to: (1) provide adequate procedures for the solemnization and registration of marriage; (2) strength…

(750 ILCS 5/103) (from Ch. 40, par. 103) Sec. 103. Trial by Jury.) There shall be no trial by jury under this Act. (Source: P.A. 80-923.)

(750 ILCS 5/104) (from Ch. 40, par. 104) Sec. 104. Venue. The proceedings shall be had in the county where the plaintiff or defendant resides, except as otherwise provided herein, but process may be directed to any county in the State. Objection to venue is barred if not made wit…

(750 ILCS 5/105) (from Ch. 40, par. 105) Sec. 105. Application of Civil Practice Law.) (a) The provisions of the Civil Practice Law shall apply to all proceedings under this Act, except as otherwise provided in this Act. (b) A proceeding for dissolution of marriage, legal separat…

(750 ILCS 5/106) (from Ch. 40, par. 106) Sec. 106. Employment of Administrative Aides.) The employment of qualified administrative aides to assist the court of any county in the administration of proceedings hereunder may be provided for by such county as the case may be. All suc…

(750 ILCS 5/107) (from Ch. 40, par. 107) Sec. 107. Order of protection; status. Whenever relief is sought under Part V, Part VI or Part VII of this Act, the court shall inquire and parties shall advise the court whether any order of protection has previously been entered in the i…

(750 ILCS 5/201) (from Ch. 40, par. 201) Sec. 201. Formalities.) A marriage between 2 persons licensed, solemnized and registered as provided in this Act is valid in this State. (Source: P.A. 98-597, eff. 6-1-14.)

(750 ILCS 5/202) (from Ch. 40, par. 202) Sec. 202. Marriage License and Marriage Certificate.) (a) The Director of Public Health shall prescribe the form for an application for a marriage license, which shall include the following information: (1) name, sex, occupation, address, …

(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 c…

(750 ILCS 5/204) (from Ch. 40, par. 204) Sec. 204. Medical information brochure. The county clerk shall distribute free of charge, to all persons applying for a marriage license, a brochure prepared by the Department of Public Health concerning sexually transmitted diseases and i…

(750 ILCS 5/205) (from Ch. 40, par. 205) Sec. 205. Exceptions. (1) Irrespective of the results of laboratory tests and clinical examination relative to sexually transmitted diseases, the clerks of the respective counties shall issue a marriage license to parties to a proposed mar…

(750 ILCS 5/206) (from Ch. 40, par. 206) Sec. 206. Records.) Any health certificate filed with the county clerk, or any certificate, affidavit, or record accepted in lieu thereof, shall be retained in the files of the office for one year after the license is issued and shall ther…

(750 ILCS 5/207) (from Ch. 40, par. 207) Sec. 207. Effective Date of License.) A license to marry becomes effective in the county where it was issued one day after the date of issuance, unless the court orders that the license is effective when issued, and expires 60 days after i…

(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 cer…

(750 ILCS 5/209) (from Ch. 40, par. 209) Sec. 209. Solemnization and registration. (a) A marriage may be solemnized by a judge of a court of record, by a retired judge of a court of record, unless the retired judge was removed from office by the Judicial Inquiry Board, except tha…

(750 ILCS 5/210) (from Ch. 40, par. 210) Sec. 210. Registration of Marriage Certificate.) Upon receipt of the marriage certificate, the county clerk shall register the marriage. Within 45 days after the close of the month in which a marriage is registered, the county clerk shall …

(750 ILCS 5/211) (from Ch. 40, par. 211) Sec. 211. Reporting.) In transmitting the required returns, the county clerk shall make a report to the Department of Public Health stating the total number of marriage licenses issued during the month for which returns are made, and the n…

(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…

(750 ILCS 5/213) (from Ch. 40, par. 213) Sec. 213. Validity.) All marriages contracted within this State, prior to the effective date of this Act, or outside this State, that were valid at the time of the contract or subsequently validated by the laws of the place in which they w…

(750 ILCS 5/213.1) Sec. 213.1. (Repealed). (Source: P.A. 89-459, eff. 5-24-96. Repealed by P.A. 98-597, eff. 6-1-14.)

(750 ILCS 5/214) (from Ch. 40, par. 214) Sec. 214. Invalidity of Common Law Marriages.) Common law marriages contracted in this State after June 30, 1905 are invalid. (Source: P.A. 80-923.)

(750 ILCS 5/215) (from Ch. 40, par. 215) Sec. 215. Penalty.) Unless otherwise provided by law, any person who violates any provision of Part II of this Act is guilty of a Class B misdemeanor. (Source: P.A. 80-923.)

(750 ILCS 5/216) (from Ch. 40, par. 216) Sec. 216. Prohibited Marriages Void if Contracted in Another State.) That if any person residing and intending to continue to reside in this state and who is a person with a disability or prohibited from contracting marriage under the laws…

(750 ILCS 5/217) (from Ch. 40, par. 217) Sec. 217. (Repealed). (Source: P.A. 80-923. Repealed by P.A. 103-21, eff. 1-1-24.)

(750 ILCS 5/218) (from Ch. 40, par. 218) Sec. 218. (Repealed). (Source: P.A. 80-923. Repealed by P.A. 103-21, eff. 1-1-24.)

(750 ILCS 5/219) (from Ch. 40, par. 219) Sec. 219. (Repealed). (Source: P.A. 99-90, eff. 1-1-16. Repealed by P.A. 103-21, eff. 1-1-24.)

(750 ILCS 5/220) Sec. 220. Consent to jurisdiction. Members of a same-sex couple who enter into a marriage in this State consent to the jurisdiction of the courts of this State for the purpose of any action relating to the marriage, even if one or both parties cease to reside in …

(750 ILCS 5/221) Sec. 221. Name change on marriage certificate. For a person married in any county in this State, the county clerk shall issue a new marriage certificate when it receives legal documentation indicating that one of the parties listed on the certificate has legally …

(750 ILCS 5/222) Sec. 222. Request for changing or removing gender identifying language on a marriage certificate. (a) Upon completion of an affidavit provided by the county clerk and confirmation of identity, a person, still currently married, may request a certificate of the pe…

(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 …

(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…

(750 ILCS 5/303) (from Ch. 40, par. 303) Sec. 303. Legitimacy of Children.) Children born or adopted of a marriage declared invalid are the lawful children of the parties. Children whose parents marry after their birth are the lawful children of the parties. (Source: P.A. 94-229,…

(750 ILCS 5/304) (from Ch. 40, par. 304) Sec. 304. Retroactivity. Unless the court finds, after a consideration of all relevant circumstances, including the effect of a retroactive judgment on third parties, that the interests of justice would be served by making the judgment not…

(750 ILCS 5/305) (from Ch. 40, par. 305) Sec. 305. Putative Spouse.) Any person, having gone through a marriage ceremony, who has cohabited with another to whom he is not legally married in the good faith belief that he was married to that person is a putative spouse until knowle…

(750 ILCS 5/306) (from Ch. 40, par. 306) Sec. 306. Commencement of Action.) Actions for declaration of invalidity of marriage shall be commenced as in other civil cases. (Source: P.A. 80-923.)

(750 ILCS 5/401) (from Ch. 40, par. 401) Sec. 401. Dissolution of marriage. (a) The court shall enter a judgment of dissolution of marriage when at the time the action was commenced one of the spouses was a resident of this State or was stationed in this State while a member of t…

(750 ILCS 5/402) (from Ch. 40, par. 402) Sec. 402. Legal Separation. (a) Any person living separate and apart from his or her spouse may have a remedy for reasonable support and maintenance while they so live apart. (b) Such action shall be brought in the circuit court of the cou…

(750 ILCS 5/403) (from Ch. 40, par. 403) 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 res…

(750 ILCS 5/404) (from Ch. 40, par. 404) Sec. 404. Conciliation. (a) If the court concludes that there is a prospect of reconciliation, the court, at the request of either party, or on its own motion, may order a conciliation conference. The conciliation conference and counseling…

(750 ILCS 5/404.1) (from Ch. 40, par. 404.1) Sec. 404.1. (a) In an action for dissolution of marriage involving minor children, or in a post-judgment proceeding involving minor children, the court may on its own motion order the parties, excluding the minor children, to attend an…

(750 ILCS 5/405) (from Ch. 40, par. 405) Sec. 405. Hearing on Default - Notice. If the respondent is in default, the court shall proceed to hear the cause upon testimony of petitioner taken in open court, and in no case of default shall the court grant a dissolution of marriage o…

(750 ILCS 5/406) (from Ch. 40, par. 406) Sec. 406. (Repealed). (Source: P.A. 81-231. Repealed by P.A. 99-90, eff. 1-1-16.)

(750 ILCS 5/407) (from Ch. 40, par. 407) Sec. 407. (Repealed). (Source: P.A. 84-551. Repealed by P.A. 99-90, eff. 1-1-16.)

(750 ILCS 5/408) (from Ch. 40, par. 408) Sec. 408. (Repealed). (Source: P.A. 80-923. Repealed by P.A. 99-90, eff. 1-1-16.)

(750 ILCS 5/409) (from Ch. 40, par. 409) Sec. 409. Proof of Foreign Marriage. A marriage which may have been solemnized or had in any foreign state or country, may be proved by the acknowledgment of the parties, their cohabitation, and other evidence. Certified copies of records …

(750 ILCS 5/410) (from Ch. 40, par. 410) Sec. 410. Process - Practice - Proceedings - Publication.) The process, practice and proceedings under this Act shall be the same as in other civil cases, except as otherwise provided by this Act, or by any law or rule of court, and except…

(750 ILCS 5/411) (from Ch. 40, par. 411) Sec. 411. Commencement of Action. (a) Actions for dissolution of marriage or legal separation shall be commenced as in other civil cases or, at the option of petitioner, by filing a praecipe for summons with the clerk of the court and payi…

(750 ILCS 5/412) (from Ch. 40, par. 412) Sec. 412. (Repealed). (Source: P.A. 81-231. Repealed by P.A. 99-90, eff. 1-1-16.)

(750 ILCS 5/413) (from Ch. 40, par. 413) Sec. 413. Judgment. (a) A judgment of dissolution of marriage or of legal separation or of declaration of invalidity of marriage shall be entered within 60 days of the closing of proofs; however, if the court enters an order specifying goo…