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Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5Legal Research Home > Illinois Lawyer > Illinois Marriage and Dissolution of Marriage Act > Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5 Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 101 Short Title . This Act may be cited as the "Illinois Marriage and Dissolution of Marriage Act". (Source: P.A. 86-649.) ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 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 ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 103 Trial by Jury . There shall be no trial by jury under this Act. (Source: P.A. 80-923.) ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 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 ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 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 ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 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 ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 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 ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 201 Formalities . A marriage between a man and a woman licensed, solemnized and registered as provided in this Act is valid in this State. (Source: P.A. 80-923.) ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 202 Marriage License and Marriage Certificate . (a) The Director of Public Health shall prescribe the form for an application for a marriage license, which shall include the following ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 203 License to Marry . When a marriage application has been completed and signed by both parties to a prospective marriage and both parties have appeared before the ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 204 Medical information brochure . The county clerk shall distribute free of charge, to all persons applying for a marriage license, a brochure prepared by the Department of ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 205 Exceptions . (1) Irrespective of the results of laboratory tests and clinical examination relative to sexually transmitted diseases, the clerks of the respective counties shall issue a ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 206 Records . Any health certificate filed with the county clerk, or any certificate, affidavit, or record accepted in lieu thereof, shall be retained in the files of the ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 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 ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 208 Judicial Approval of Underage Marriages . (a) The court, after a reasonable effort has been made to notify the parents or guardian of each underaged party, may order ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 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, ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 210 Registration of Marriage Certificate . Upon receipt of the marriage certificate, the county clerk shall register the marriage. Within 45 days after the close of the ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 211 Reporting . In transmitting the required returns, the county clerk shall make a report to the Department of Public Health stating the total number of marriage licenses ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 212 Prohibited Marriages . (a) The following marriages are prohibited: (1) a marriage entered into prior to the dissolution of an ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 213 Validity . All marriages contracted within this State, prior to the effective date of this Act, or outside this State, that were valid at the time of ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 213.1 Same-sex marriages; public policy . A marriage between 2 individuals of the same sex is contrary to the public policy of this State. (Source: P.A. 89-459, ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 214 Invalidity of Common Law Marriages . Common law marriages contracted in this State after June 30, 1905 are invalid. (Source: P.A. 80-923.) ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 215 Penalty . Unless otherwise provided by law, any person who violates any provision of Part II of this Act is guilty of a Class B misdemeanor. (Source: ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 216 Prohibited Marriages Void if Contracted in Another State . That if any person residing and intending to continue to reside in this state and who is disabled ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 217 Marriage by Non-residents - When Void . No marriage shall be contracted in this state by a party residing and intending to continue to reside in another ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 218 Duty of Officer Issuing License . Before issuing a license to marry a person who resides and intends to continue to reside in another state, the officer ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 219 Offenses . Any official issuing a license with knowledge that the parties are thus prohibited from intermarrying and any person authorized to celebrate marriage who shall knowingly ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 301 Declaration of Invalidity - Grounds . The court shall enter its judgment declaring the invalidity of a marriage (formerly known as annulment) entered into under the following ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 302 Time of Commencement . (a) A declaration of invalidity under paragraphs (1) through (3) of Section 301 may be sought by any of the following persons and must ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 303 Legitimacy of Children . Children born or adopted of a marriage declared invalid are the lawful children of the parties. Children whose parents marry after their birth ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 304 Retroactivity . Unless the court finds, after a consideration of all relevant circumstances, including the effect of a retroactive judgment on third parties, that the interests of justice ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 305 Putative Spouse . Any person, having gone through a marriage ceremony, who has cohabited with another to whom he is not legally married in the good faith belief ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 306 Commencement of Action . Actions for declaration of invalidity of marriage shall be commenced as in other civil cases. (Source: P.A. 80-923.) ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 401 Dissolution of marriage . (a) The court shall enter a judgment of dissolution of marriage if at the time the action was commenced one of the spouses ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 402 Legal Separation . (a) Any person living separate and apart from his or her spouse without fault may have a remedy for reasonable support and maintenance while they ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 403 Pleadings - Commencement - Abolition of Existing Defenses - Procedure .) (a) The petition for dissolution of marriage or legal separation shall be verified and shall minimally ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 404 Conciliation; mediation . (a) If the court concludes that there is a prospect of reconciliation, the court, at the request of either party, or on its own ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 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 ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 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, ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 406 Fault or Conduct of Petitioner . In every action for a dissolution of marriage or legal separation, or declaration of invalidity of marriage, the conduct of the petitioner, ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 407 Admission of Respondent . No admission of the respondent shall be taken as evidence unless the court shall be satisfied that such admission was made in sincerity and ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 408 Collusion - Assent or Consent of Petitioner . If it appears, to the satisfaction of the court, that the injury complained of was occasioned by collusion of the ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 409 Proof of Foreign Marriage . A marriage which may have been celebrated or had in any foreign state or country, may be proved by the acknowledgment of ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 410 Process - Practice - Proceedings - Publication . The process, practice and proceedings under this Act shall be the same as in other civil cases, except as ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 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 ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 412 Filing of petition - Cases Requiring Service by Publication . In any case wherein the requisite affidavit for service by publication has been filed to obtain jurisdiction as ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 413 Judgment . (a) A judgment of dissolution of marriage or of legal separation or of declaration of invalidity of marriage is final when entered, subject to the ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 451 Applicability . In any proceeding under this Part IV-A, the provisions of this Part IV-A shall control where they conflict with other provisions of this Act. ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 452 Petition . The parties to a dissolution proceeding may file a joint petition for simplified dissolution if they certify that all of the following conditions exist when ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 453 Procedure; Judgment . The parties shall use the forms provided by the circuit court clerk, and the clerk shall submit the petition to the court. The ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 454 Affidavit . At the time of the hearing, the parties shall submit to the court an affidavit executed by both parties stating that all property has been ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 455 Copies of judgment . Upon entry of the judgment and upon payment of the fee, the circuit court clerk shall furnish to each party a certified copy ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 456 Forms . The contents of forms to be used in simplified dissolutions shall be provided for by court rule. The circuit court clerk shall supply forms ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 457 Brochure to describe proceedings . The circuit court clerk may make available a brochure that describes the requirements, nature, and effect of a simplified dissolution. The ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 501 Temporary Relief . In all proceedings under this Act, temporary relief shall be as follows: (a) Either party may move for: (1) temporary maintenance or ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 501.1 Dissolution action stay . (a) Upon service of a summons and petition or praecipe filed under the Illinois Marriage and Dissolution of Marriage Act or upon the ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 502 Agreement . (a) To promote amicable settlement of disputes between parties to a marriage attendant upon the dissolution of their marriage, the parties may enter into a ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 503 Disposition of property . (a) For purposes of this Act, "marital property" means all property acquired by either spouse subsequent to the marriage, except the following, which ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 504 Maintenance . (a) In a proceeding for dissolution of marriage or legal separation or declaration of invalidity of marriage, or a proceeding for maintenance following dissolution of ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 505 Child support; contempt; penalties . (a) In a proceeding for dissolution of marriage, legal separation, declaration of invalidity of marriage, a proceeding for child support following dissolution ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 505.1 (a) Whenever it is determined in a proceeding to establish or enforce a child support or maintenance obligation that the person owing a duty of support is unemployed, ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 505.2 Health insurance . (a) Definitions. As used in this Section: (1) "Obligee" means the individual to whom the duty ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 505.3 Information to State Case Registry . (a) In this Section: "Order for support", "obligor", "obligee", and "business day" are defined as set forth in the Income ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 506 Representation of child . (a) Duties. In any proceedings involving the support, custody, visitation, education, parentage, property interest, or general welfare of a minor or dependent ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 507 Payment of maintenance or support to court . (a) In actions instituted under this Act, the court shall order that maintenance and support payments be made to ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 507.1 Payment of Support to State Disbursement Unit . (a) As used in this Section: "Order for support", "obligor", "obligee", and "payor" mean those terms as defined ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 508 Attorney's Fees; Client's Rights and Responsibilities Respecting Fees and Costs . (a) The court from time to time, after due notice and hearing, and after considering the ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 509 Independence of Provisions of Judgment or Temporary Order . If a party fails to comply with a provision of a judgment, order or injunction, the obligation of the ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 510 Modification and termination of provisions for maintenance, support, educational expenses, and property disposition . (a) Except as otherwise provided in paragraph (f) of Section 502 and in ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 511 Procedure . A judgment of dissolution or of legal separation or of declaration of invalidity of marriage may be enforced or modified by order of court pursuant ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 512 Post-Judgment Venue . After 30 days from the entry of a judgment of dissolution of marriage or the last modification thereof, any further proceedings to enforce or modify ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 513 Support for Non-minor Children and Educational Expenses . (a) The court may award sums of money out of the property and income of either or both parties ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 514 Partition of Real Estate . A court having jurisdiction in an action for dissolution of marriage may, upon petition of one of the parties, hear and decide an ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 515 Partition to be Filed in Counties where Real Estate Located . A court hearing an action for partition pursuant to Section 514 of this Act may determine and ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 516 Public Aid collection fee . In all cases instituted by the Illinois Department of Public Aid on behalf of a child or spouse, other than one receiving ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 517 Notice of child support enforcement services . The Illinois Department of Public Aid may provide notice at any time to the parties to an action filed under this ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 601 Jurisdiction; Commencement of Proceeding . (a) A court of this State competent to decide child custody matters has jurisdiction to make a child custody determination in original ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 601.5 Training . The chief circuit judge or designated presiding judge may approve 3 hours of training for guardian ad litems appointed under Section 601 of this Act, ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 602 Best Interest of Child . (a) The court shall determine custody in accordance with the best interest of the child. The court shall consider all relevant factors ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 602 Best Interest of Child . (a) The court shall determine custody in accordance with the best interest of the child. The court shall consider all relevant factors ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 602.1 (a) The dissolution of marriage, the declaration of invalidity of marriage, the legal separation of the parents, or the parents living separate and apart shall not diminish parental ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 603 Temporary Orders . (a) A party to a custody proceeding, including a proceeding to modify custody, may move for a temporary custody order. The court may award ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 604 Interviews . (a) The court may interview the child in chambers to ascertain the child's wishes as to his custodian and as to visitation. Counsel shall be present ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 604.5 Evaluation of child's best interest . (a) In a proceeding for custody, visitation, or removal of a child from Illinois, upon notice and motion made within a ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 605 Investigations and Reports . (a) In contested custody proceedings, and in other custody proceedings if a parent or the child's custodian so requests, the court may order ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 606 Hearings . (a) Custody proceedings shall receive priority in being set for hearing. (b) The court may tax as costs the payment of necessary travel and ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 607 Visitation . (a) A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 607.1 Enforcement of visitation orders; visitation abuse . (a) The circuit court shall provide an expedited procedure for enforcement of court ordered visitation in cases of visitation abuse. ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 608 Judicial Supervision . (a) Except as otherwise agreed by the parties in writing at the time of the custody judgment or as otherwise ordered by the court, ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 609 Leave to Remove Children . (a) The court may grant leave, before or after judgment, to any party having custody of any minor child or children to remove ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 609.5 Notification of remarriage or residency with a sex offender . A parent who intends to marry or reside with a sex offender, and knows or should know that ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 610 Modification . (a) Unless by stipulation of the parties or except as provided in subsection (a-5), no motion to modify a custody judgment may be made earlier ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 611 Enforcement of custody order or order prohibiting removal of child from the jurisdiction of the court . (a) The court may enter a judgment to enforce a ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 701 Marital Residence - Order Granting Possession to Spouse . Where there is on file a verified complaint or verified petition seeking temporary eviction from the marital residence, the ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 702 Maintenance in Case of Bigamy . When a dissolution of marriage is granted to a person who shall, in good faith, have intermarried with a person having at ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 703 Lien of judgment - Sales . Whenever, in any case of dissolution of marriage, a judgment orders that maintenance be made, a lien on any real estate to ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 704 Public Aid Provisions . Except as provided in Sections 709 through 712, if maintenance, child support or both, is awarded to persons who are recipients of aid under ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 705 Support payments; receiving and disbursing agents . (1) The provisions of this Section shall apply, except as provided in Sections 709 through 712. (2) In ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 706.1 Withholding of Income to Secure Payment of Support . Orders for support entered under this Act are subject to the Income Withholding for Support Act. (Source: ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 706.2 Posting Security, Bond or Guarantee to Secure Payment . The court may require a parent to post security, bond or give some other guarantee of a ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 706.3 Information concerning obligors . (a) In this Section: "Arrearage", "delinquency", "obligor", and "order for support" have the meanings attributed to those terms in the Income Withholding ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 707 Certificate of Dissolution or Invalidity of Marriage - Filing with Department of Public Health . A certificate of each dissolution of marriage or declaration of invalidity of ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 708 In any proceeding brought under this Act, the identification of a party's street address shall not be required for any purpose if the court finds that the physical, ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 709 Mandatory child support payments to clerk . (a) As of January 1, 1982, child support orders entered in any county covered by this subsection shall be made ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 710 Enforcement; Penalties . (a) In counties certified as included under the provisions of Sections 709 through 712 and whose application for reimbursement is approved, there shall be ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 711 Fees . (a) To reimburse any covered county for the cost of maintaining the child support enforcement program pursuant to Section 710, the court shall order any ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 712 (a) The Supreme Court may make Rules concerning the certification of counties for inclusion in the child support enforcement program and the application of the procedures created by ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 713 Attachment of the Body . As used in this Section, "obligor" has the same meaning ascribed to such term in the Income Withholding for Support Act. ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 714 Information to locate putative fathers and noncustodial parents . (a) Upon request by a public office, employers, labor unions, and telephone companies shall provide location information concerning ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 801 Application . (a) This Act applies to all proceedings commenced on or after its effective date. (b) This Act applies to all pending actions and ...
Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 802 Court Rules . The Supreme Court and, subject to the Rules of the Supreme Court, the respective circuit courts, may adopt such rules as they deem necessary ...
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Last modified: April 6, 2006 |