Illinois Compiled Statutes 750 ILCS 5/102 – Purposes; Rules of Construction
Current as of: 2024 | Check for updates
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This Act shall be liberally construed and applied to promote its underlying purposes, which are to:
(1) provide adequate procedures for the solemnization
(1) provide adequate procedures for the solemnization
and registration of marriage;
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(2) strengthen and preserve the integrity of marriage
and safeguard family relationships;
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(3) promote the amicable settlement of disputes that
have arisen between parties to a marriage;
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(4) mitigate the potential harm to spouses and their
children caused by the process of an action brought under this Act, and protect children from exposure to conflict and violence;
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(5) ensure predictable decision-making for the care
of children and for the allocation of parenting time and other parental responsibilities, and avoid prolonged uncertainty by expeditiously resolving issues involving children;
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(6) recognize the right of children to a healthy
relationship with parents, and the responsibility of parents to ensure such a relationship;
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(7) acknowledge that the determination of children’s
best interests, and the allocation of parenting time and significant decision-making responsibilities, are among the paramount responsibilities of our system of justice, and to that end:
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(A) recognize children’s right to a strong and
healthy relationship with parents, and parents’ concomitant right and responsibility to create and maintain such relationships;
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(B) recognize that, in the absence of domestic
violence or any other factor that the court expressly finds to be relevant, proximity to, and frequent contact with, both parents promotes healthy development of children;
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(C) facilitate parental planning and agreement
about the children’s upbringing and allocation of parenting time and other parental responsibilities;
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(D) continue existing parent-child relationships,
and secure the maximum involvement and cooperation of parents regarding the physical, mental, moral, and emotional well-being of the children during and after the litigation; and
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(E) promote or order parents to participate in
programs designed to educate parents to:
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(i) minimize or eliminate rancor and the
detrimental effect of litigation in any proceeding involving children; and
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(ii) facilitate the maximum cooperation of
parents in raising their children;
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(8) make reasonable provision for support during and
after an underlying dissolution of marriage, legal separation, parentage, or parental responsibility allocation action, including provision for timely advances of interim fees and costs to all attorneys, experts, and opinion witnesses including guardians ad litem and children’s representatives, to achieve substantial parity in parties’ access to funds for pre-judgment litigation costs in an action for dissolution of marriage or legal separation;
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(9) eliminate the consideration of marital
misconduct in the adjudication of rights and duties incident to dissolution of marriage, legal separation and declaration of invalidity of marriage; and
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(10) make provision for the preservation and
conservation of marital assets during the litigation.
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Terms Used In Illinois Compiled Statutes 750 ILCS 5/102
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.