ILCS » Chapter 750 · Act 5
Illinois Compiled Statutes

750 ILCS 5/302 (2026)

Time of Commencement

✓ current as of May 2026
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(750 ILCS 5/302) (from Ch. 40, par. 302)
    Sec. 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 be commenced within the times specified:
    (1) for any of the reasons set forth in paragraph (1) of Section 301, by either party or by the legal representative of the party who lacked capacity to consent, no later than 90 days after the petitioner obtained knowledge of the described condition;
    (2) for the reason set forth in paragraph (2) of Section 301, by either party, no later than one year after the petitioner obtained knowledge of the described condition;
    (3) for the reason set forth in paragraph (3) of Section 301, by the underaged party, his parent or guardian, prior to the time the underaged party reaches the age at which he could have married without needing to satisfy the omitted requirement.
    (b) In no event may a declaration of invalidity of marriage be sought after the death of either party to the marriage under subsections (1), (2) and (3) of Section 301.
    (c) A declaration of invalidity for the reason set forth in paragraph (4) of Section 301 may be sought by either party, the legal spouse in case of a bigamous marriage, the State's Attorney or a child of either party, at any time not to exceed 3 years following the death of the first party to die.
(Source: P.A. 80-923.)

    
Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 2000–2024 · leading case: In Re Est. of Crockett, 728 N.E.2d 765 (Ill. App. Ct. 2000).
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In Re Est. of Crockett, 728 N.E.2d 765 (Ill. App. Ct. 2000). · cites it 3× “According to Part III of the Dissolution Act, parties have standing to challenge the validity of a marriage only for lack of capacity, fraud, or duress, and they are barred from filing suit by a 90-day time limitation or by the death of either party to the alleged marriage.”
In re Est. of McDonald, 2024 IL App (2d) 230195 (Ill. App. Ct. 2024). “Further, she argued that the validity of the marriage could not be challenged because John was deceased and section 302(b) of the Marriage Act (750 ILCS 5/302(b) (West 2016)) prohibits a party from seeking a declaration of invalidity of marriage after the death of either party…”
In re Marriage of Andrew, 2023 IL App (1st) 221039 (Ill. App. Ct. 2023). “See 750 ILCS 5/302(a)(1) (West 2018). Therefore, the amended petition is legally insufficient and subject to dismissal.”
In re Est. of McDonald, 2020 IL App (2d) 191113 (Ill. App. Ct. 2021). “750 ILCS 5/302(b) (West 2016) (“In no event may a declaration of invalidity of marriage be sought after the death of either party to the marriage under subsections (1), (2), and (3) of Section 301.”
In re Est. of Crockett (Ill. App. Ct. 2000). · cites it 3× “According to Part III of the Dissolution Act, parties have standing to challenge the validity of a marriage only for lack of capacity, fraud, or duress, and they are barred from filing suit by a 90-day time limitation or by the death of either party to the alleged marriage.”
— 750 ILCS 5/302(a)(1) — 1 case
In re Marriage of Andrew, 2023 IL App (1st) 221039 (Ill. App. Ct. 2023). “See 750 ILCS 5/302(a)(1) (West 2018). Therefore, the amended petition is legally insufficient and subject to dismissal.”
— 750 ILCS 5/302(b) — 2 cases
In re Est. of McDonald, 2024 IL App (2d) 230195 (Ill. App. Ct. 2024). “Further, she argued that the validity of the marriage could not be challenged because John was deceased and section 302(b) of the Marriage Act (750 ILCS 5/302(b) (West 2016)) prohibits a party from seeking a declaration of invalidity of marriage after the death of either party…”
In re Est. of McDonald, 2020 IL App (2d) 191113 (Ill. App. Ct. 2021). “750 ILCS 5/302(b) (West 2016) (“In no event may a declaration of invalidity of marriage be sought after the death of either party to the marriage under subsections (1), (2), and (3) of Section 301.”
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