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90_SB0125eng
750 ILCS 5/403 from Ch. 40, par. 403
Amends the Illinois Marriage and Dissolution of Marriage
Act. Provides that the petition for dissolution of marriage
shall indicate whether a petition for dissolution of marriage
is pending in any other county or state. Effective October
1, 1997.
LRB9001055SMdv
SB125 Engrossed LRB9001055SMdv
1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 403.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Section 403 as follows:
7 (750 ILCS 5/403) (from Ch. 40, par. 403)
8 Sec. 403. Pleadings - Commencement - Abolition of
9 Existing Defenses - Procedure.) (a) The petition for
10 dissolution of marriage or legal separation shall be verified
11 and shall minimally set forth:
12 (1) the age, occupation and residence of each party and
13 his length of residence in this State;
14 (2) the date of the marriage and the place at which it
15 was registered;
16 (2.5) whether a petition for dissolution of marriage is
17 pending in any other county or state;
18 (3) that the jurisdictional requirements of subsection
19 (a) of Section 401 have been met and that there exist grounds
20 for dissolution of marriage or legal separation. The
21 petitioner need only allege the name of the particular
22 grounds relied upon, which shall constitute a legally
23 sufficient allegation of the grounds; and the respondent
24 shall be entitled to demand a bill of particulars prior to
25 trial setting forth the facts constituting the grounds, if he
26 so chooses. The petition must also contain:
27 (4) the names, ages and addresses of all living children
28 of the marriage and whether the wife is pregnant;
29 (5) any arrangements as to support, custody and
30 visitation of the children and maintenance of a spouse; and
31 (6) the relief sought.
SB125 Engrossed -2- LRB9001055SMdv
1 (b) Either or both parties to the marriage may initiate
2 the proceeding.
3 (c) The previously existing defense of recrimination is
4 abolished. The defense of condonation is abolished only as to
5 condonations occurring after a proceeding is filed under
6 this Act and after the court has acquired jurisdiction over
7 the respondent.
8 (d) The court may join additional parties necessary and
9 proper for the exercise of its authority under this Act.
10 (e) Contested trials shall be on a bifurcated basis with
11 the grounds being tried first. Upon the court determining
12 that the grounds exist, the court may allow additional time
13 for the parties to settle amicably the remaining issues
14 before resuming the trial, or may proceed immediately to
15 trial on the remaining issues. In cases where the grounds
16 are uncontested and proved as in cases of default, the trial
17 on all other remaining issues shall proceed immediately, if
18 so ordered by the court or if the parties so stipulate, issue
19 on the pleadings notwithstanding.
20 (f) Even if no bill of particulars shall have been filed
21 demanding the specification of the particular facts
22 underlying the allegation of the grounds, the court shall
23 nonetheless require proper and sufficient proof of the
24 existence of the grounds.
25 (Source: P.A. 85-754.)
26 Section 99. Effective date. This Act takes effect on
27 October 1, 1997.