Full Text of SB2140 95th General Assembly
SB2140 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2140
Introduced 2/14/2008, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED: |
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750 ILCS 5/301 |
from Ch. 40, par. 301 |
750 ILCS 5/401 |
from Ch. 40, par. 401 |
750 ILCS 5/402 |
from Ch. 40, par. 402 |
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Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that, in a proceeding in which a qualified domestic relations order or Qualified Illinois Domestic Relations Order is entered, a final judgment of dissolution of marriage or legal separation or judgment declaring the invalidity of a marriage may not be entered until the court receives proof that the qualified domestic relations order or Qualified Illinois Domestic Relations Order has been properly filed with the appropriate employer or retirement system. Effective January 1, 2009.
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A BILL FOR
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SB2140 |
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LRB095 19020 WGH 45288 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Marriage and Dissolution of | 5 |
| Marriage Act is amended by changing Sections 301, 401, and 402 | 6 |
| as follows:
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| (750 ILCS 5/301) (from Ch. 40, par. 301)
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| Sec. 301. Declaration of Invalidity - Grounds.) The court
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| shall enter its judgment declaring the invalidity of a marriage
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| (formerly known as annulment) entered into under the following
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| circumstances:
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| (1) a party lacked capacity to consent to the marriage at | 13 |
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time the marriage was solemnized, either because of mental
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| incapacity or infirmity or because of the influence of alcohol,
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| drugs or other incapacitating substances, or a party was | 16 |
| induced
to enter into a marriage by force or duress or by fraud | 17 |
| involving
the essentials of marriage;
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| (2) a party lacks the physical capacity to consummate the | 19 |
| marriage
by sexual intercourse and at the time the marriage was | 20 |
| solemnized the
other party did not know of the incapacity;
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| (3) a party was aged 16 or 17 years and did not have the | 22 |
| consent of
his parents or guardian or judicial approval; or
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| (4) the marriage is prohibited.
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LRB095 19020 WGH 45288 b |
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| In a proceeding in which a qualified domestic relations | 2 |
| order or Qualified Illinois Domestic Relations Order is | 3 |
| entered, a final non-retroactive judgment declaring the | 4 |
| invalidity of a marriage may not be entered until the court | 5 |
| receives proof that the qualified domestic relations order or | 6 |
| Qualified Illinois Domestic Relations Order has been properly | 7 |
| filed with the appropriate employer or retirement system. As | 8 |
| used in this Section, "qualified domestic relations order" has | 9 |
| the meaning ascribed to that term in Section 414(p) of the | 10 |
| Internal Revenue Code of 1986 and "Qualified Illinois Domestic | 11 |
| Relations Order" has the meaning ascribed to that term in | 12 |
| Section 1-119 of the Illinois Pension Code. | 13 |
| (Source: P.A. 80-923.)
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| (750 ILCS 5/401) (from Ch. 40, par. 401)
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| Sec. 401. Dissolution of marriage.
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| (a) The court shall enter a judgment of dissolution of | 17 |
| marriage if at
the time the action was commenced one of the | 18 |
| spouses was a resident of this
State or was stationed in this | 19 |
| State while a member of the armed services,
and the residence | 20 |
| or military presence had been maintained for 90 days next
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| preceding the commencement of the action or the making of the | 22 |
| finding;
provided, however, that a finding of residence of a | 23 |
| party in any judgment
entered under this Act from January 1, | 24 |
| 1982 through June 30, 1982 shall
satisfy the former domicile | 25 |
| requirements of this Act; and if one of the
following grounds |
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| for dissolution has been proved:
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| (1) That, without cause or provocation by the
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| petitioner: the respondent was at the time of such | 4 |
| marriage, and
continues to be naturally impotent; the | 5 |
| respondent had a wife
or husband living at the time of the | 6 |
| marriage; the respondent
had committed adultery subsequent | 7 |
| to the marriage; the respondent has wilfully
deserted or | 8 |
| absented himself or herself from the petitioner for the | 9 |
| space
of one year, including any period during which | 10 |
| litigation may have pended
between the spouses for | 11 |
| dissolution of marriage or legal separation; the
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| respondent has been guilty of habitual drunkenness for the | 13 |
| space of 2
years; the respondent has been guilty of gross | 14 |
| and confirmed habits caused
by the excessive use of | 15 |
| addictive drugs for the space of 2 years, or has
attempted | 16 |
| the life of the other by poison or other means showing | 17 |
| malice, or
has been guilty of extreme and repeated physical | 18 |
| or mental cruelty, or has
been convicted of a felony or | 19 |
| other infamous crime; or the respondent has
infected the | 20 |
| other with a sexually transmitted
disease. "Excessive use | 21 |
| of
addictive drugs", as used in this Section, refers to use | 22 |
| of an addictive
drug by a person when using the drug | 23 |
| becomes a controlling or a dominant
purpose of his life; or
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| (2) That the spouses have lived separate and apart for | 25 |
| a continuous
period in excess of 2 years and irreconcilable | 26 |
| differences have caused the
irretrievable breakdown of the |
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| marriage and the court determines that
efforts at | 2 |
| reconciliation have failed or that future attempts at
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| reconciliation would be impracticable and not in the best | 4 |
| interests of the
family. If the spouses have lived separate | 5 |
| and apart for a continuous
period of not less than 6 months | 6 |
| next preceding the entry of the judgment
dissolving the | 7 |
| marriage, as evidenced by testimony or affidavits of the
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| spouses, the requirement of living separate and apart for a | 9 |
| continuous
period in excess of 2 years may be waived upon | 10 |
| written stipulation of both
spouses filed with the court. | 11 |
| At any time after the parties cease to
cohabit, the | 12 |
| following periods shall be included in the period of | 13 |
| separation:
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| (A) any period of cohabitation during which the | 15 |
| parties attempted in
good faith to reconcile and | 16 |
| participated in marriage counseling under the
guidance | 17 |
| of any of the following: a psychiatrist, a clinical | 18 |
| psychologist,
a clinical social worker, a marriage and | 19 |
| family therapist, a person
authorized to provide | 20 |
| counseling in accordance with the prescriptions of
any | 21 |
| religious denomination, or a person regularly engaged | 22 |
| in providing
family or marriage counseling; and
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| (B) any period of cohabitation under written | 24 |
| agreement of the
parties to attempt to reconcile.
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| In computing the period during which the spouses have lived
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| separate and apart for purposes of this Section, periods during
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| which the spouses were living separate and apart prior to
July | 2 |
| 1, 1984 are included.
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| (b) Judgment shall not be entered unless, to the extent it
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| has jurisdiction to do so, the court has considered, approved, | 5 |
| reserved
or made provision for child custody, the support of | 6 |
| any child of the
marriage entitled to support, the maintenance | 7 |
| of either spouse and
the disposition of property. The court may | 8 |
| enter a judgment for dissolution
that reserves any of these | 9 |
| issues either upon (i) agreement of the
parties, or (ii) motion | 10 |
| of either party and a finding by the
court that appropriate | 11 |
| circumstances exist.
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| In a proceeding in which a qualified domestic relations | 13 |
| order or Qualified Illinois Domestic Relations Order is | 14 |
| entered, a final judgment of dissolution of marriage may not be | 15 |
| entered until the court receives proof that the qualified | 16 |
| domestic relations order or Qualified Illinois Domestic | 17 |
| Relations Order has been properly filed with the appropriate | 18 |
| employer or retirement system. As used in this Section, | 19 |
| "qualified domestic relations order" has the meaning ascribed | 20 |
| to that term in Section 414(p) of the Internal Revenue Code of | 21 |
| 1986 and "Qualified Illinois Domestic Relations Order" has the | 22 |
| meaning ascribed to that term in Section 1-119 of the Illinois | 23 |
| Pension Code. | 24 |
| The death of a party subsequent to entry of a judgment for | 25 |
| dissolution
but before judgment on reserved issues shall not | 26 |
| abate the proceedings.
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| If any provision of this Section or its application shall | 2 |
| be adjudged
unconstitutional or invalid for any reason by any | 3 |
| court of competent
jurisdiction, that judgment shall not | 4 |
| impair, affect or invalidate any
other provision or application | 5 |
| of this Section, which shall remain in full
force and effect.
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| (Source: P.A. 89-187, eff. 7-19-95.)
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| (750 ILCS 5/402) (from Ch. 40, par. 402)
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| Sec. 402. Legal Separation.)
(a) Any person living separate | 9 |
| and apart from his or her spouse without
fault may have a | 10 |
| remedy for reasonable support and maintenance while they so | 11 |
| live apart.
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| (b) Such action shall be brought in the circuit court of | 13 |
| the county in
which the respondent resides or in which the | 14 |
| parties last resided together
as husband and wife. In the event | 15 |
| the respondent cannot be found within
the State, the action may | 16 |
| be brought in the circuit court of the county
in which the | 17 |
| petitioner resides. Commencement of the action, temporary
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| relief and trials shall be the same as in actions for | 19 |
| dissolution of marriage.
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| (c) A proceeding or judgment for legal separation shall not | 21 |
| bar either
party from instituting an action for dissolution of | 22 |
| marriage, and if the
party so moving has met the requirements | 23 |
| of Section 401, a judgment for
dissolution shall be granted.
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| (d) In a proceeding in which a qualified domestic relations | 25 |
| order or Qualified Illinois Domestic Relations Order is |
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LRB095 19020 WGH 45288 b |
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| entered, a final judgment of legal separation may not be | 2 |
| entered until the court receives proof that the qualified | 3 |
| domestic relations order or Qualified Illinois Domestic | 4 |
| Relations Order has been properly filed with the appropriate | 5 |
| employer or retirement system. As used in this Section, | 6 |
| "qualified domestic relations order" has the meaning ascribed | 7 |
| to that term in Section 414(p) of the Internal Revenue Code of | 8 |
| 1986 and "Qualified Illinois Domestic Relations Order" has the | 9 |
| meaning ascribed to that term in Section 1-119 of the Illinois | 10 |
| Pension Code. | 11 |
| (Source: P.A. 82-716.)
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| Section 99. Effective date. This Act takes effect January | 13 |
| 1, 2009.
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