Illinois General Assembly - Full Text of Public Act 095-0775
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Public Act 095-0775


 

Public Act 0775 95TH GENERAL ASSEMBLY



      

 


 
Public Act 095-0775
 
SB2161 Enrolled LRB095 16297 AJO 42317 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 Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 207 and 209 as
follows:
 
    (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 it
becomes effective, provided that the marriage is not
invalidated by the fact that the marriage was inadvertently
solemnized in a county in Illinois other than the county where
the license was issued.
(Source: P.A. 81-397.)
 
    (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 that a retired judge shall not receive any
compensation from the State, a county or any unit of local
government in return for the solemnization of a marriage and
there shall be no effect upon any pension benefits conferred by
the Judges Retirement System of Illinois, by a judge of the
Court of Claims, by a county clerk in counties having 2,000,000
or more inhabitants, by a public official whose powers include
solemnization of marriages, or in accordance with the
prescriptions of any religious denomination, Indian Nation or
Tribe or Native Group, provided that when such prescriptions
require an officiant, the officiant be in good standing with
his religious denomination, Indian Nation or Tribe or Native
Group. Either the person solemnizing the marriage, or, if no
individual acting alone solemnized the marriage, both parties
to the marriage, shall complete the marriage certificate form
and forward it to the county clerk within 10 days after such
marriage is solemnized.
    (b) The solemnization of the marriage is not invalidated by
the fact that the person solemnizing the marriage was not
legally qualified to solemnize it, if either party to the
marriage believed him to be so qualified or by the fact that
the marriage was inadvertently solemnized in a county in
Illinois other than the county where the license was issued.
(Source: P.A. 87-1261.)
 
    Section 99. Effective date. This Act takes effect January
1, 2009.

Effective Date: 1/1/2009