ILCS » Chapter 750 · Act 5
Illinois Compiled Statutes

750 ILCS 5/105 (2026)

Application of Civil Practice Law

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(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 parental responsibility allocation or support proceeding shall be entitled "In re the (Parental Responsibility) (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. If new matter by way of defense is pleaded in the response, a reply may be filed by the petitioner, but the failure to reply is not an admission of the legal sufficiency of the new matter. All other pleadings under this Act shall be denominated as provided in the Civil Practice Law.
    (d) As used in this Section, "pleadings" includes any petition or motion filed in the dissolution of marriage case which, if independently filed, would constitute a separate cause of action, including, but not limited to, actions for declaratory judgment, injunctive relief, and orders of protection. Actions under this subsection are subject to motions filed pursuant to Sections 2-615 and 2-619 of the Code of Civil Procedure.
(Source: P.A. 99-90, eff. 1-1-16.)

    
Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 2003–2024 · leading case: In Re Marriage of Best, 886 N.E.2d 939 (Ill. 2008).
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In Re Marriage of Best, 886 N.E.2d 939 (Ill. 2008). “We note that section 105(a) of the Marriage Act (750 ILCS 5/105(a) (West 2004)) incorporates our Civil Practice Law (735 ILCS 5/2 — 101 et seq.”
In re Marriage of Heinrich, 2014 IL App (2d) 121333 (Ill. App. Ct. 2014). “” See also 750 ILCS 5/105(a) (West 2010) (incorporating 735 ILCS 5/2-101 et seq.”
In Re Marriage of Sassano, 785 N.E.2d 1058 (Ill. App. Ct. 2003). “750 ILCS 5/105(a) (West 2000). However, we conclude that section 2 — 613(d) did not require petitioner to set forth her defense in a responsive pleading because respondent’s petition already described his prior nondisclosure of income.”
In Re Marriage of Seffren, 852 N.E.2d 302 (Ill. App. Ct. 2006). “750 ILCS 5/105(a) (West 2004). Section 2 — 406 of the Civil Practice Law provides a way for individuals to be brought into cases as third parties.”
In re Marriage of Ricard, 2012 IL App (1st) 111757 (Ill. App. Ct. 2012). “See 750 ILCS 5/105(a) (West 2008) (“The provisions of the Civil Practice Law shall apply to all proceedings under this Act, except as otherwise provided in this Act.”
People v. Coyne, 2014 IL App (1st) 123105 (Ill. App. Ct. 2014). “1, 1986) applied to a dissolution action where the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/105(a) (West 2008)) provided that it was governed by the Civil Practice Law).”
In Re Marriage of Manhoff, 880 N.E.2d 627 (Ill. App. Ct. 2007). “(West 2006)), section 1 — 109 of the Code was made applicable to the provisions of the Illinois Marriage and Dissolution of Marriage Act (Act) by subsection 105(a) of the Act (750 ILCS 5/105(a) (West 2006)). Betts, 172 Ill.”
People v. Coyne, 2014 IL App (1st) 123105 (Ill. App. Ct. 2014). “1, 1986) applied to a dissolution action where the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/105(a) (West 2008)) provided that it was governed by the Civil Practice Law).”
In re The Marriage of Browne, 2021 IL App (1st) 181558-U (Ill. App. Ct. 2021). “See 750 ILCS 5/105 (West 2018) (stating that “provisions of the Civil Practice Law shall apply to all proceedings under this Act, except as otherwise provided in this Act”).”
In re Marriage of Bolnick, 2024 IL App (1st) 230014-U (Ill. App. Ct. 2024). “” 750 ILCS 5/105(a) (West 2022). Declaratory judgments in dissolution actions are thus provided for expressly.”
In re Marriage of Best (Ill. 2008). “We note that section 105(a) of the Marriage Act (750 ILCS 5/105(a) (West 2004)) incorporates our Civil Practice Law (735 ILCS 5/2–101 et seq.”
In re Marriage of Sassano (Ill. App. Ct. 2003). “750 ILCS 5/105(a) (West 2000). However, we conclude that section 2--613(d) did not require petitioner to set forth her defense in a responsive pleading because respondent's petition already described his prior nondisclosure of income.”
Show all 14 citing cases →
— 750 ILCS 5/105(a) — 13 cases
In Re Marriage of Best, 886 N.E.2d 939 (Ill. 2008). “We note that section 105(a) of the Marriage Act (750 ILCS 5/105(a) (West 2004)) incorporates our Civil Practice Law (735 ILCS 5/2 — 101 et seq.”
In re Marriage of Heinrich, 2014 IL App (2d) 121333 (Ill. App. Ct. 2014). “” See also 750 ILCS 5/105(a) (West 2010) (incorporating 735 ILCS 5/2-101 et seq.”
In Re Marriage of Sassano, 785 N.E.2d 1058 (Ill. App. Ct. 2003). “750 ILCS 5/105(a) (West 2000). However, we conclude that section 2 — 613(d) did not require petitioner to set forth her defense in a responsive pleading because respondent’s petition already described his prior nondisclosure of income.”
In Re Marriage of Seffren, 852 N.E.2d 302 (Ill. App. Ct. 2006). “750 ILCS 5/105(a) (West 2004). Section 2 — 406 of the Civil Practice Law provides a way for individuals to be brought into cases as third parties.”
In re Marriage of Ricard, 2012 IL App (1st) 111757 (Ill. App. Ct. 2012). “See 750 ILCS 5/105(a) (West 2008) (“The provisions of the Civil Practice Law shall apply to all proceedings under this Act, except as otherwise provided in this Act.”
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