2023 Illinois Compiled Statutes › Chapter 750 - FAMILIES › 750 ILCS 5/ - Illinois Marriage and Dissolution of Marriage Act. › Part IV - Dissolution And Legal Separation

(750 ILCS 5/Pt. IV heading)
PART IV
DISSOLUTION AND LEGAL SEPARATION
(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 the armed services,
and the residence or military presence had been maintained for 90 days next
preceding the commencement of the action or the making of the finding:
Irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.
(a-5) If the parties live separate and apart for a continuous period of not less than 6 months immediately preceding the entry of the judgment dissolving the marriage, there is an irrebuttable presumption that the requirement of irreconcilable differences has been met.
(b) Judgment shall not be entered unless, to the extent it
has jurisdiction to do so, the court has considered, approved, reserved
or made provision for the allocation of parental responsibilities, the support of any child of the
marriage entitled to support, the maintenance of either spouse and
the disposition of property. The court shall enter a judgment for dissolution
that reserves any of these issues either upon (i) agreement of the
parties, or (ii) motion of either party and a finding by the
court that appropriate circumstances exist.
The death of a party subsequent to entry of a judgment for dissolution
but before judgment on reserved issues shall not abate the proceedings.
If any provision of this Section or its application shall be adjudged
unconstitutional or invalid for any reason by any court of competent
jurisdiction, that judgment shall not impair, affect or invalidate any
other provision or application of this Section, which shall remain in full
force and effect.
(Source: P.A. 99-90, eff. 1-1-16.)
(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 county in
which the petitioner or respondent resides or in which the parties last resided together
as husband and wife.  Commencement of the action, temporary
relief  and trials shall be the same as in actions for dissolution of marriage, except that temporary relief in an action for legal separation shall be limited to the relief set forth in subdivision (a)(1) and items (ii), (iii), and (iv) of subdivision (a)(2) of Section 501. If the court deems it appropriate to enter a judgment for legal separation, the court shall consider the applicable factors in Section 504 in awarding maintenance.  If the court deems it appropriate to enter a judgment for legal separation, the court may approve a property settlement agreement that the parties have requested the court to incorporate into the judgment, subject to the following provisions:
(1) the court may not value or allocate property in     the absence of such an agreement;
(2) the court may disapprove such an agreement only     if it finds that the agreement is unconscionable; and
(3) such an agreement is final and non-modifiable.
(c) A proceeding or judgment for legal separation shall not bar either
party from instituting an action for dissolution of marriage, and if the
party so moving has met the requirements of Section 401, a judgment for
dissolution shall be granted. Absent an agreement set forth in a separation agreement that provides for non-modifiable  permanent maintenance, if a party to a judgment for legal separation files an action for dissolution of marriage, the issues of temporary and permanent maintenance shall be decided de novo.
(Source: P.A. 99-90, eff. 1-1-16.)
(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 residence of each party     and his length of residence in this State;
(2) the date of the marriage and the place at which     it was registered;
(2.5) whether a petition for dissolution of marriage     is pending in any other county or state;
(3) that the jurisdictional requirements of     subsection (a) of Section 401 have been met and that irreconcilable differences have caused the irretrievable breakdown of the marriage;
(4) the names, ages and addresses of all living     children of the marriage  and whether a spouse is pregnant;
(5) any arrangements as to support, allocation of     parental responsibility of the children and maintenance of a spouse; and
(6) the relief sought.
(b) Either or both parties to the marriage may initiate the
proceeding.
(c) (Blank).
(d) The court may join additional parties necessary and proper for
the exercise of its authority under this Act.
(e) Contested trials shall be on a bifurcated basis with the issue of whether irreconcilable differences have caused the irretrievable breakdown of the marriage, as described in Section 401, 
being tried first, regardless of whether that issue is contested or uncontested.  Upon the court determining that irreconcilable differences have caused the irretrievable breakdown of the marriage,
the court may allow additional time for the
parties to settle
amicably the remaining issues before resuming the trial, or may
proceed immediately to trial on the
remaining issues. The court has the discretion to use the date of the trial or such other date as agreed upon by the parties, or ordered by the court within its discretion, for purposes of determining the value of assets or property.  In cases where the requirements of Section 401 are uncontested and proved
as in cases of default, the trial on all other remaining issues shall proceed
immediately, if so ordered by the court or if the parties so stipulate. Except as provided in subsection (b) of Section 401, the court shall enter a judgment of dissolution of marriage, including an order dissolving the marriage, incorporation of a marital settlement agreement if applicable, and any other appropriate findings or orders, only at the conclusion of the case and not after hearing only the testimony as to whether irreconcilable differences have caused the irretrievable breakdown of the marriage.
(f) (Blank).
(Source: P.A. 99-90, eff. 1-1-16.)
(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 shall take
place at the established court conciliation service of that judicial district
or at any similar service or facility where no court conciliation service has
been established.
(b) The facts adduced at any conciliation conference resulting from a
referral hereunder, shall not be considered in the adjudication of a pending
or subsequent action, nor shall any report resulting from such conference
become part of the record of the case unless the parties have stipulated
in writing to the contrary.
The court, upon good cause shown, may prohibit conciliation or
other process that requires the parties to meet and confer without counsel.
(Source: P.A. 99-90, eff. 1-1-16.)
(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 educational program concerning the effects of
dissolution of marriage on the children, if the court finds that it would
be in the best interests of the minor children.  The program may be divided
into sessions, which in the aggregate shall not exceed 4 hours in duration.
The program shall be educational in nature and not designed for individual
therapy.
(b) The facts adduced at any educational session resulting from a
referral under this Section shall not be considered in the adjudication of
a pending or subsequent action, nor shall any report resulting from such
educational session become part of the record of the case unless the
parties have stipulated in writing to the contrary.
(c) The fees or costs of educational sessions under this Section shall
be borne by the parties and may be assessed by the court as it deems equitable.
(Source: P.A. 86-288.)
(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 or legal separation or declaration of invalidity of marriage,
unless the judge is satisfied that all proper means have been taken to notify
the respondent of the pendency of the suit.  Whenever the judge is satisfied
that the interests of the respondent require it, the court may order such
additional notice as may be required. All of the provisions of the Code of Civil Procedure relating to default hearings are applicable to hearings on default.
(Source: P.A. 99-90, eff. 1-1-16.)
(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 of a marriage performed in any foreign state or country obtained from an authorized state governmental unit, embassy, or consulate may be admitted as an exception to the hearsay rule.
(Source: P.A. 99-90, eff. 1-1-16.)
(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 that when the parties resided in
a municipality, in a county with a population under 2,000,000, at the time
the cause of action arose, and if
service by publication is necessary, publication shall be in a newspaper
published in such
municipality if there is one.
(Source: P.A. 80-923.)
(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 paying the regular filing fees, in which latter
case, a petition shall be filed within 6 months thereafter, or any extension for
good cause shown granted by the court.
(b) When a praecipe for summons is filed without the petition, the summons
shall recite that petitioner has commenced suit for dissolution of marriage
or legal separation and shall require the respondent to file his or her
appearance not later than 30 days from the day the summons is served and to
plead to the petitioner's petition within 30 days from the day the petition is filed.
Until a petition has been filed, the court, pursuant to subsections (c)
and (d) herein, may dismiss the suit, order the filing of a petition,
or grant leave to the respondent to file a petition in the nature of a
counter petition.
After the filing of the petition, the party filing the same shall, within
2 days, serve a copy thereof upon the other party, in the manner provided
by rule of the Supreme Court for service of notices in other civil cases.
(c) Unless a respondent voluntarily files an appearance, a praecipe
for summons filed without the petition shall be served on the respondent
not later than 30 days after its issuance, and upon failure to obtain
service upon the respondent within the 30 day period, or any extension for
good cause shown granted by the court, the court shall dismiss the suit.
(d) An action for dissolution of marriage or legal separation
commenced by the filing a praecipe for summons without the petition may 
be dismissed if a petition for dissolution of marriage or legal
separation has not been filed within 6 months after the commencement of the action or within the extension granted under subsection (a) of this Section.
(e) The filing of a praecipe for summons under this Section constitutes the commencement of an action that serves as grounds for involuntary dismissal under subdivision (a)(3) of Section 2-619 of  the Code of Civil Procedure of a subsequently filed petition for dissolution of marriage or legal
separation in another county.
(Source: P.A. 99-90, eff. 1-1-16.)
(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 good cause as to why the court needs an additional 30 days, the judgment shall be entered within 90 days of the closing of proofs, including any hearing under subsection (j) of Section 503 of this Act and submission of closing arguments. A judgment of dissolution
of marriage or of legal separation or of declaration of invalidity of marriage is final
when entered, subject to the right of appeal.  An appeal from the judgment
of dissolution of marriage that does not challenge the finding as to grounds
does not delay the finality
of that provision of the judgment which dissolves the marriage, beyond the time for
appealing from that  provision, and either of the parties may remarry pending appeal.
An order requiring maintenance or support of a spouse
or a minor
child or children entered under this Act or any other law of this State shall not be suspended or the enforcement thereof stayed pending
the filing and resolution of post-judgment motions or an appeal.
(b) The clerk of the court shall give notice of the entry of a judgment of dissolution
of marriage or legal separation or a declaration of invalidity of marriage:
(1) if the marriage is registered in this State, to     the county clerk of the county where the marriage is registered, who shall enter the fact of dissolution of marriage or legal separation or declaration of invalidity of marriage in the marriage registry; and within 45 days after the close of the month in which the judgment is entered, the clerk shall forward the certificate to the Department of Public Health on a form furnished by the Department; or
(2) if the marriage is registered in another     jurisdiction, to the appropriate official of that jurisdiction, with the request that he enter the fact of dissolution of marriage or legal separation or declaration of invalidity of marriage in the appropriate record.
(c) Unless the person whose marriage is dissolved or declared
invalid requests otherwise, the judgment under this Section shall contain a provision authorizing the person to resume the use of his or her former or maiden name, should he or she choose to do so, at any time he or she chooses to do so. If a judgment contains such a provision, the person resuming the use of his or her former or maiden name is not required to file a petition for a change of name under Article XXI of the Code of Civil Procedure.
If a person whose marriage is dissolved or declared invalid chooses to resume the use of his or her former or maiden name, he or she is not required to provide notice by publication.
(d) A judgment of dissolution of marriage or legal separation, if made, shall
be awarded to both of the parties, and shall provide that it affects the
status previously
existing between the parties in the manner adjudged.
(Source: P.A. 101-203, eff. 1-1-20; 102-1133, eff. 1-1-24.)