750 ILCS 5/102
Purposes; Rules of Construction
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(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 spouses and their | children caused by the process of an action brought under this Act, and protect children from exposure to conflict and violence; |
(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; |
(6) recognize the right of children to a healthy | relationship with parents, and the responsibility of parents to ensure such a relationship; |
(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: |
(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; |
(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; |
(C) facilitate parental planning and agreement | about the children's upbringing and allocation of parenting time and other parental responsibilities; |
(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 |
(E) promote or order parents to participate in | programs designed to educate parents to: |
(i) minimize or eliminate rancor and the | detrimental effect of litigation in any proceeding involving children; and |
(ii) facilitate the maximum cooperation of | parents in raising their children; |
(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; |
(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 |
(10) make provision for the preservation and | conservation of marital assets during the litigation. |
(Source: P.A. 99-90, eff. 1-1-16.)
Notes of Decisions
Cited in 75
cases (12 in the last 5 years), 1993–2025 · leading case: In Re Marriage of Beyer and Parkis
In Re Marriage of Beyer and Parkis (2001)
“” 750 ILCS 5/102(5) (West 1996). As amended, section 102 now reads: “This Act shall be liberally construed and applied to promote its underlying purposes, which are to: $ $ ^ (5) make reasonable provision for spouses and minor children during and after litigation, including…”
In Re Marriage of Walker (2008)
“" 750 ILCS 5/102 (West 2006). In light of this liberal construction, sections 503 and 504 are sufficiently broad to allow the trial court to award a form of security for a maintenance obligation, not necessarily limited to life insurance.”
In re the Marriage of Pal (2010)
“See 750 ILCS 5/102 (West 2006). Section 102 states in relevant part: "This Act shall be liberally construed and applied to promote its underlying purposes, which are to: * * * (5) make reasonable provision for spouses and minor children during and after litigation, including…”
In re Marriage of Dahm-Schell (2021)
“(citing 750 ILCS 5/102(5), 505(a)(3) (West 1992)).”
In re Marriage of Petersen (2011)
“” 750 ILCS 5/102(4) (West 2006). A second is to “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.”
In re Marriage of Levinson (2012)
“” 750 ILCS 5/102 (West 2010). The purposes of the Act are, in relevant part, to “mitigate the potential harm to the spouses and their children by the process of legal dissolution of marriage,” and “secure the maximum involvement and cooperation of both parents regarding the…”
In Re Marriage of Collingbourne (2003)
“102(7), now 750 ILCS 5/102(7) (West 2000). We agree that policy is “best served when, in addition to a favorable determination of all of the Eckert factors, the court considers the aspects of cooperation of both parents in achieving as reasonable an expectation of normalcy and…”
Clark v. Children's Memorial Hospital (2011)
“” 750 ILCS 5/102(2) (West 2006). ¶ 150 III ¶ 151 In discussing the issue of damages in cases such as this, more than one court has noted that “law is more than an exercise in logic and logical analysis, although essential to a system of ordered justice, should not become an…”
In re: Marriage of Sharp (2006)
“750 ILCS 5/102(5) (West 2004); In re Marriage of Brand, 123 Ill.”
In Re Marriage of Powers (1993)
“” (750 ILCS 5/508(aX5) (West 1992).) Section 508 governs solely the payment of attorney fees.”
In re Parentage of J.W. (2013)
“In a postdissolution setting, the legislature has presumed it to be in the child’s best interests to maintain a continued, meaningful relationship with both parents after the dissolution.”
In re Marriage of O'Hare (2017)
“Such purposes include promoting children’s rights to “strong and healthy relationship[s] with parents” and to “secure the maximum involvement and cooperation of parents” (750 ILCS 5/102(7)(A), (D) (West Supp.”
— 750 ILCS 5/102(10) — 2 cases
In re Marriage of Tarbouche (2023)
In re Marriage of Lum (2021)
— 750 ILCS 5/102(2) — 4 cases
Clark v. Children's Memorial Hospital (2011)
“” 750 ILCS 5/102(2) (West 2006). ¶ 150 III ¶ 151 In discussing the issue of damages in cases such as this, more than one court has noted that “law is more than an exercise in logic and logical analysis, although essential to a system of ordered justice, should not become an…”
In re Parentage of J.W. (2013)
“In a postdissolution setting, the legislature has presumed it to be in the child’s best interests to maintain a continued, meaningful relationship with both parents after the dissolution.”
In Re Estate of Banks (1994)
— 750 ILCS 5/102(3) — 6 cases
In re Marriage of Coulter (2012)
In re Marriage of Iqbal (2014)
In re Marriage of Iqbal (2014)
In re Marriage of Tarbouche (2023)
In re Marriage of Lugo (2025)
— 750 ILCS 5/102(4) — 11 cases
In Re Marriage of Powers (1993)
“” (750 ILCS 5/508(aX5) (West 1992).) Section 508 governs solely the payment of attorney fees.”
In re Marriage of Petersen (2011)
“” 750 ILCS 5/102(4) (West 2006). A second is to “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.”
In re Marriage of Levinson (2012)
“” 750 ILCS 5/102 (West 2010). The purposes of the Act are, in relevant part, to “mitigate the potential harm to the spouses and their children by the process of legal dissolution of marriage,” and “secure the maximum involvement and cooperation of both parents regarding the…”
In re Marriage of Drysch (2000)
In re Marriage of Iqbal (2014)
— 750 ILCS 5/102(5) — 29 cases
In Re Marriage of Beyer and Parkis (2001)
“” 750 ILCS 5/102(5) (West 1996). As amended, section 102 now reads: “This Act shall be liberally construed and applied to promote its underlying purposes, which are to: $ $ ^ (5) make reasonable provision for spouses and minor children during and after litigation, including…”
In re the Marriage of Pal (2010)
“See 750 ILCS 5/102 (West 2006). Section 102 states in relevant part: "This Act shall be liberally construed and applied to promote its underlying purposes, which are to: * * * (5) make reasonable provision for spouses and minor children during and after litigation, including…”
In Re Marriage of Walker (2008)
“" 750 ILCS 5/102 (West 2006). In light of this liberal construction, sections 503 and 504 are sufficiently broad to allow the trial court to award a form of security for a maintenance obligation, not necessarily limited to life insurance.”
In re: Marriage of Sharp (2006)
“750 ILCS 5/102(5) (West 2004); In re Marriage of Brand, 123 Ill.”
In Re Marriage of Klomps (1997)
— 750 ILCS 5/102(7) — 12 cases
In Re Marriage of Collingbourne (2003)
“102(7), now 750 ILCS 5/102(7) (West 2000). We agree that policy is “best served when, in addition to a favorable determination of all of the Eckert factors, the court considers the aspects of cooperation of both parents in achieving as reasonable an expectation of normalcy and…”
In Re Marriage of Krivi (1996)
In re Marriage of Petersen (2011)
“” 750 ILCS 5/102(4) (West 2006). A second is to “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.”
In Re Marriage of Lange (1999)
In re Marriage of D.T.W. (2011)
— 750 ILCS 5/102(7)(A) — 2 cases
In re Marriage of O'Hare (2017)
“Such purposes include promoting children’s rights to “strong and healthy relationship[s] with parents” and to “secure the maximum involvement and cooperation of parents” (750 ILCS 5/102(7)(A), (D) (West Supp.”
In re Marriage of O'Hare (2017)
— 750 ILCS 5/102(8) — 8 cases
In re Marriage of Dahm-Schell (2021)
“(citing 750 ILCS 5/102(5), 505(a)(3) (West 1992)).”
In Re Marriage of Kosmond (2005)
In re Marriage of Kane (2019)
In re Marriage of Kane (2018)
In re Marriage of Goesel (2017)
— 750 ILCS 5/102(9) — 2 cases
In re Marriage of Tarbouche (2023)
In re Marriage of Lugo (2025)
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