Public Act 90-0174 of the 90th General Assembly
Public Act 90-0174
SB125 Enrolled LRB9001055SMdv
AN ACT to amend the Illinois Marriage and Dissolution of
Marriage Act by changing Section 403.
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 Section 403 as follows:
(750 ILCS 5/403) (from Ch. 40, par. 403)
Sec. 403. Pleadings - Commencement - Abolition of
Existing Defenses - Procedure.) (a) The 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 there exist grounds
for dissolution of marriage or legal separation. The
petitioner need only allege the name of the particular
grounds relied upon, which shall constitute a legally
sufficient allegation of the grounds; and the respondent
shall be entitled to demand a bill of particulars prior to
trial setting forth the facts constituting the grounds, if he
so chooses. The petition must also contain:
(4) the names, ages and addresses of all living children
of the marriage and whether the wife is pregnant;
(5) any arrangements as to support, custody and
visitation 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) The previously existing defense of recrimination is
abolished. The defense of condonation is abolished only as to
condonations occurring after a proceeding is filed under
this Act and after the court has acquired jurisdiction over
the respondent.
(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 grounds being tried first. Upon the court determining
that the grounds exist, 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. In cases where the grounds
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, issue
on the pleadings notwithstanding.
(f) Even if no bill of particulars shall have been filed
demanding the specification of the particular facts
underlying the allegation of the grounds, the court shall
nonetheless require proper and sufficient proof of the
existence of the grounds.
(Source: P.A. 85-754.)
Section 99. Effective date. This Act takes effect on
October 1, 1997.