Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 403

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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. 90-174, eff. 10-1-97.)

Last modified: April 6, 2006