Full Text of SB2749 103rd General Assembly
SB2749sam002 103RD GENERAL ASSEMBLY | Sen. Laura M. Murphy Filed: 3/8/2024 | | 10300SB2749sam002 | | LRB103 35885 JRC 70854 a |
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| 1 | | AMENDMENT TO SENATE BILL 2749
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2749 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Illinois Marriage and Dissolution of | 5 | | Marriage Act is amended by changing Sections 203, 208, 301, | 6 | | 302, and 403 as follows: | 7 | | (750 ILCS 5/203) (from Ch. 40, par. 203) | 8 | | Sec. 203. License to Marry. When a marriage application | 9 | | has been completed and signed by both parties to a prospective | 10 | | marriage and both parties have appeared before the county | 11 | | clerk and the marriage license fee has been paid, the county | 12 | | clerk shall issue a license to marry and a marriage | 13 | | certificate form upon being furnished: | 14 | | (1) satisfactory proof that each party to the marriage | 15 | | will have attained the age of 18 years at the time the | 16 | | marriage license is effective or will have attained the |
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| 1 | | age of 16 years and has obtained either the consent to the | 2 | | marriage of both parents or his guardian or judicial | 3 | | approval of the marriage ; provided, if one parent cannot | 4 | | be located in order to obtain such consent and diligent | 5 | | efforts have been made to locate that parent by the | 6 | | consenting parent, then the consent of one parent plus a | 7 | | signed affidavit by the consenting parent which (i) names | 8 | | the absent parent and states that he or she cannot be | 9 | | located, and (ii) states what diligent efforts have been | 10 | | made to locate the absent parent, shall have the effect of | 11 | | both parents' consent for purposes of this Section ; | 12 | | (2) satisfactory proof that the marriage is not | 13 | | prohibited; and | 14 | | (3) an affidavit or record as prescribed in | 15 | | subparagraph (1) of Section 205 or a court order as | 16 | | prescribed in subparagraph (2) of Section 205, if | 17 | | applicable. | 18 | | With each marriage license, the county clerk shall provide | 19 | | a pamphlet describing the causes and effects of fetal alcohol | 20 | | syndrome. At least annually, the county board shall submit to | 21 | | the Illinois Department of Public Health a report as to the | 22 | | county clerk's compliance with the requirement that the county | 23 | | clerk provide a pamphlet with each marriage license. All | 24 | | funding and production costs for the aforementioned | 25 | | educational pamphlets for distribution to each county clerk | 26 | | shall be provided by non-profit, non-sectarian statewide |
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| 1 | | programs that provide education, advocacy, support, and | 2 | | prevention services pertaining to Fetal Alcohol Syndrome. | 3 | | (Source: P.A. 96-1323, eff. 1-1-11.) | 4 | | (750 ILCS 5/208) (from Ch. 40, par. 208) | 5 | | Sec. 208. Judicial Approval of Underage Marriages. ) | 6 | | (a) The court , after a reasonable effort has been made to | 7 | | notify the parents or guardian of each underaged party, may | 8 | | order the county clerk to issue a marriage license and a | 9 | | marriage certificate form to a party aged 16 or 17 years upon | 10 | | the petition or complaint of the underaged party. The | 11 | | underaged party may independently initiate the proceeding in | 12 | | the party's own name and on the party's own behalf without a | 13 | | parent, guardian, guardian ad litem, next friend, or other | 14 | | appointed person who has no parent capable of consenting to | 15 | | his marriage or whose parent or guardian has not consented to | 16 | | his marriage . | 17 | | (b) A marriage license and a marriage certificate form may | 18 | | be issued under this Section only if the court finds that the | 19 | | underaged party is capable of assuming the responsibilities of | 20 | | marriage and the marriage will serve the underaged party's his | 21 | | best interest , and the underaged party voluntarily consents to | 22 | | the marriage . Pregnancy alone does not establish that the best | 23 | | interest of the party will be served. | 24 | | (Source: P.A. 80-923.) |
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| 1 | | (750 ILCS 5/301) (from Ch. 40, par. 301) | 2 | | Sec. 301. Declaration of Invalidity - Grounds.) The court | 3 | | shall enter its judgment declaring the invalidity of a | 4 | | marriage (formerly known as annulment) entered into under the | 5 | | following circumstances: | 6 | | (1) a party lacked capacity to consent to the marriage at | 7 | | the time the marriage was solemnized, either because of mental | 8 | | incapacity or infirmity or because of the influence of | 9 | | alcohol, drugs or other incapacitating substances, or a party | 10 | | was induced to enter into a marriage by force or duress or by | 11 | | fraud involving the essentials of marriage; | 12 | | (2) a party lacks the physical capacity to consummate the | 13 | | marriage by sexual intercourse and at the time the marriage | 14 | | was solemnized the other party did not know of the incapacity; | 15 | | (3) a party was aged 16 or 17 years and did not have the | 16 | | consent of his parents or guardian or judicial approval for | 17 | | the marriage, or a party was aged 16 to 17 years and did not | 18 | | have the consent of a parent or guardian or judicial approval | 19 | | for a marriage solemnized prior to the effective date of this | 20 | | amendatory Act of the 103rd General Assembly ; or | 21 | | (4) the marriage is prohibited. | 22 | | (Source: P.A. 80-923.) | 23 | | (750 ILCS 5/302) (from Ch. 40, par. 302) | 24 | | Sec. 302. Time of Commencement.) (a) A declaration of | 25 | | invalidity under paragraphs (1) through (3) of Section 301 may |
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| 1 | | be sought by any of the following persons and must be commenced | 2 | | within the times specified: | 3 | | (1) for any of the reasons set forth in paragraph (1) of | 4 | | Section 301, by either party or by the legal representative of | 5 | | the party who lacked capacity to consent, no later than 90 days | 6 | | after the petitioner obtained knowledge of the described | 7 | | condition; | 8 | | (2) for the reason set forth in paragraph (2) of Section | 9 | | 301, by either party, no later than one year after the | 10 | | petitioner obtained knowledge of the described condition; | 11 | | (3) for the reason set forth in paragraph (3) of Section | 12 | | 301, by the underaged party , his parent or guardian, prior to | 13 | | the time the underaged party reaches the age at which the | 14 | | underaged party he could have married without needing to | 15 | | satisfy the omitted requirement. | 16 | | (b) In no event may a declaration of invalidity of | 17 | | marriage be sought after the death of either party to the | 18 | | marriage under subsections (1), (2) , and (3) of Section 301. | 19 | | (c) A declaration of invalidity for the reason set forth | 20 | | in paragraph (4) of Section 301 may be sought by either party, | 21 | | the legal spouse in case of a bigamous marriage, the State's | 22 | | Attorney or a child of either party, at any time not to exceed | 23 | | 3 years following the death of the first party to die. | 24 | | (Source: P.A. 80-923.) | 25 | | (750 ILCS 5/403) (from Ch. 40, par. 403) |
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| 1 | | Sec. 403. Pleadings - Commencement - Abolition of Existing | 2 | | Defenses - Procedure. | 3 | | (a) The complaint or petition for dissolution of marriage | 4 | | or legal separation shall be verified and shall minimally set | 5 | | forth: | 6 | | (1) the age, occupation and residence of each party | 7 | | and his length of residence in this State; | 8 | | (2) the date of the marriage and the place at which it | 9 | | was registered; | 10 | | (2.5) whether a petition for dissolution of marriage | 11 | | is pending in any other county or state; | 12 | | (3) that the jurisdictional requirements of subsection | 13 | | (a) of Section 401 have been met and that irreconcilable | 14 | | differences have caused the irretrievable breakdown of the | 15 | | marriage; | 16 | | (4) the names, ages and addresses of all living | 17 | | children of the marriage and whether a spouse is pregnant; | 18 | | (5) any arrangements as to support, allocation of | 19 | | parental responsibility of the children and maintenance of | 20 | | a spouse; and | 21 | | (6) the relief sought. | 22 | | (b) Either or both parties to the marriage may initiate | 23 | | the proceeding. A party to the marriage who is a minor may | 24 | | independently initiate the proceeding in the party's own name | 25 | | and on the party's own behalf without a parent, guardian, | 26 | | guardian ad litem, next friend, or other appointed person. |
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| 1 | | (c) (Blank). | 2 | | (d) The court may join additional parties necessary and | 3 | | proper for the exercise of its authority under this Act. | 4 | | (e) Contested trials shall be on a bifurcated basis with | 5 | | the issue of whether irreconcilable differences have caused | 6 | | the irretrievable breakdown of the marriage, as described in | 7 | | Section 401, being tried first, regardless of whether that | 8 | | issue is contested or uncontested. Upon the court determining | 9 | | that irreconcilable differences have caused the irretrievable | 10 | | breakdown of the marriage, the court may allow additional time | 11 | | for the parties to settle amicably the remaining issues before | 12 | | resuming the trial, or may proceed immediately to trial on the | 13 | | remaining issues. The court has the discretion to use the date | 14 | | of the trial or such other date as agreed upon by the parties, | 15 | | or ordered by the court within its discretion, for purposes of | 16 | | determining the value of assets or property. In cases where | 17 | | the requirements of Section 401 are uncontested and proved as | 18 | | in cases of default, the trial on all other remaining issues | 19 | | shall proceed immediately, if so ordered by the court or if the | 20 | | parties so stipulate. Except as provided in subsection (b) of | 21 | | Section 401, the court shall enter a judgment of dissolution | 22 | | of marriage, including an order dissolving the marriage, | 23 | | incorporation of a marital settlement agreement if applicable, | 24 | | and any other appropriate findings or orders, only at the | 25 | | conclusion of the case and not after hearing only the | 26 | | testimony as to whether irreconcilable differences have caused |
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| 1 | | the irretrievable breakdown of the marriage. | 2 | | (f) (Blank). | 3 | | (Source: P.A. 99-90, eff. 1-1-16 .)". |
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