2005 Illinois Code - 750 ILCS 5/ Illinois Marriage and Dissolution of Marriage Act. Part I - General Provisions
(750 ILCS 5/Pt. I heading) PART I GENERAL PROVISIONS
(750 ILCS 5/101)(from Ch. 40, par. 101) Sec. 101. Short Title.) This Act may be cited as the "Illinois Marriage
and Dissolution of Marriage Act". (Source: P.A. 86‑649.)
(750 ILCS 5/102)(from Ch. 40, par. 102) Sec. 102. Purposes; Rules of Construction. This Act shall be liberally
construed and applied to promote its underlying purposes, which are to: (1) provide adequate procedures for the solemnization and registration
of marriage; (2) strengthen and preserve the integrity of marriage and safeguard family
relationships; (3) promote the amicable settlement of disputes that have arisen between
parties to a marriage; (4) mitigate the potential harm to the spouses and their children caused
by the process of legal dissolution of marriage; (5) make reasonable provision for spouses and minor children during and
after litigation, including provision for timely awards of interim fees to
achieve substantial parity in parties' access to funds for litigation costs; (6) eliminate the consideration of marital misconduct in the adjudication
of rights and duties incident to the legal dissolution of marriage, legal
separation and declaration of invalidity of marriage; (7) secure the maximum involvement and cooperation of both parents regarding
the physical, mental, moral and emotional well‑being of the children during
and after the litigation; and (8) make provision for the preservation and conservation of assets
during the litigation. (Source: P.A. 89‑712, eff. 6‑1‑97.)
(750 ILCS 5/103)(from Ch. 40, par. 103) Sec. 103. Trial by Jury.) There shall be no trial by jury
under this Act. (Source: P.A. 80‑923.)
(750 ILCS 5/104)(from Ch. 40, par. 104) Sec. 104. Venue.) The proceedings shall be had in the county
where the plaintiff or defendant resides,
except as otherwise
provided herein, but process may be directed to any county in
the State. Objection to venue is barred if not made within
such time as the defendant's response is
due. In no event shall venue be deemed jurisdictional. (Source: P.A. 82‑716.)
(750 ILCS 5/105)(from Ch. 40, par. 105) Sec. 105. Application of Civil Practice Law.)
(a) The provisions
of the Civil Practice Law shall apply to all proceedings under
this Act, except as otherwise provided in this Act. (b) A proceeding for dissolution of marriage, legal separation
or declaration of invalidity of marriage shall be entitled "In re
the Marriage of ... and ...". A custody or support proceeding shall
be entitled "In re the (Custody) (Support) of ...". (c) The initial pleading in all proceedings under this Act shall
be denominated a petition. A responsive pleading shall be denominated
a response. All other pleadings under this Act shall be denominated as
provided in the Civil Practice Law. (Source: P.A. 82‑783.)
(750 ILCS 5/106)(from Ch. 40, par. 106) Sec. 106. Employment of Administrative Aides.) The employment of
qualified administrative aides to assist the court of any county in
the administration of proceedings hereunder may be provided for by
such county as the case may be. All such aides shall be appointed
by the authority which provided for them, subject to the approval
of a majority of the judges of each court involved, and shall serve
for such terms and shall receive such compensation as provided by
ordinance. (a) The administrative aides shall perform such nonjudicial
duties with respect to proceedings hereunder and matters
ancillary thereto as the court shall direct. (b) Any county may make such appropriations as may be necessary
to provide for the expense and compensation of the administrative aides. (Source: P.A. 80‑923.)
(750 ILCS 5/107)(from Ch. 40, par. 107) Sec. 107. Order of protection; status. Whenever relief is sought under
Part V, Part VI or Part VII of this Act, the court, before granting relief,
shall determine whether any order of protection has previously been entered
in the instant proceeding or any other proceeding in which any party, or a
child of any party, or both, if relevant, has been designated as either a
respondent or a protected person. (Source: P.A. 87‑743.)
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