ILCS » Chapter 750 · Act 5
Illinois Compiled Statutes

750 ILCS 5/401 (2026)

Dissolution of marriage

✓ current as of May 2026
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(750 ILCS 5/401) (from Ch. 40, par. 401)
    Sec. 401. Dissolution of marriage.
    (a) The court shall enter a judgment of dissolution of marriage when at the time the action was commenced one of the spouses was a resident of this State or was stationed in this State while a member of the armed services, and the residence or military presence had been maintained for 90 days next preceding the commencement of the action or the making of the finding:
    Irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.
    (a-5) If the parties live separate and apart for a continuous period of not less than 6 months immediately preceding the entry of the judgment dissolving the marriage, there is an irrebuttable presumption that the requirement of irreconcilable differences has been met.
    (b) Judgment shall not be entered unless, to the extent it has jurisdiction to do so, the court has considered, approved, reserved or made provision for the allocation of parental responsibilities, the support of any child of the marriage entitled to support, the maintenance of either spouse and the disposition of property. The court shall enter a judgment for dissolution that reserves any of these issues either upon (i) agreement of the parties, or (ii) motion of either party and a finding by the court that appropriate circumstances exist.
    The death of a party subsequent to entry of a judgment for dissolution but before judgment on reserved issues shall not abate the proceedings.
    If any provision of this Section or its application shall be adjudged unconstitutional or invalid for any reason by any court of competent jurisdiction, that judgment shall not impair, affect or invalidate any other provision or application of this Section, which shall remain in full force and effect.
(Source: P.A. 99-90, eff. 1-1-16.)

    
Notes of Decisions
Cited in 85 cases (18 in the last 5 years), 1994–2026 · leading case: Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2016).
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Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2016). · cites it 2× “July 1, 1984) (codified at 750 ILCS 5/401(a)(2) (West 2012)). Then in 1985, the Illinois Parentage Act of 1984 provided that “[t]he parent and child relationship, including support obligations, extends equally to every child and to every parent, regardless of the marital status…”
In re Marriage of Mathis, 2012 IL 113496 (Ill. 2013). · cites it 2× “” 750 ILCS 5/401(b) (West 2010). ¶ 50 As a result, while a judgment of dissolution may be entered, allowing the parties to remarry and terminating the acquisition of marital property as of that date, it is sometimes necessary for questions of child custody and support,…”
Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2017). · cites it 2× “July 1, 1984) (codified at 750 ILCS 5/401(a)(2) (West 2012)). Then in 1985, the Illinois Parentage Act of 1984 provided that “[t]he parent and child relationship, including support obligations, extends equally to every child and to every parent, regardless of the marital status…”
In Re Marriage of Ignatius, 788 N.E.2d 794 (Ill. App. Ct. 2003). · cites it 3× “Section 401(b) of the Illinois Marriage and Dissolution of Marriage Act (the Marriage Act) (750 ILCS 5/401(b) (West 2000)) provides in relevant part: “Judgment shall not be entered unless, to the extent it has jurisdiction to do so, the court has considered, approved, reserved…”
Copeland v. McLean, 763 N.E.2d 941 (Ill. App. Ct. 2002). · cites it 3× “The next day, June 27, 2001, respondent filed a motion to vacate the findings, for reconsideration, for an opportunity to be heard and for denial of entry of judgment, alleging there had been no finding, pursuant to section 401(b) of the Illinois Marriage and Dissolution of…”
In re Marriage of Epting, 2012 IL App (1st) 113727 (Ill. App. Ct. 2013). · cites it 2× “¶ 20 ANALYSIS ¶ 21 On appeal, Pedro first claims that Brenda did not prove that the parties satisfied the residency requirement of the Illinois Marriage and Dissolution of Marriage Act (the Act) (750 ILCS 5/401(a) (West 2008)), and therefore the trial court’s judgment must be…”
In Re Marriage of Awan, 902 N.E.2d 777 (Ill. App. Ct. 2009). · cites it 2× “" 750 ILCS 5/401(b) (West 2006). Parveen agreed to the bifurcated proceedings and dissolution judgment.”
Kic v. Bianucci, 2011 IL App (1st) 100622 (Ill. App. Ct. 2011). “The Illinois Marriage and Dissolution of Marriage Act (the Act) states that the court has jurisdiction to enter a judgment for dissolution of marriage even if it has reserved the issues of child custody, support, maintenance or distribution of property.”
In re Marriage of Reicher, 2021 IL App (2d) 200454 (Ill. App. Ct. 2021). “¶5 In December 2016, after a prove-up hearing, the court entered a bifurcated judgment for dissolution of marriage (see 750 ILCS 5/401(b) (West 2014)), which dissolved the parties’ marriage but reserved for trial the issues of property and debt allocation, maintenance, and…”
In re Marriage of Tomlins, 2013 IL App (3d) 120099 (Ill. App. Ct. 2013). · cites it 3× “¶ 24 One ground upon which a dissolution of marriage may be granted is “[t]hat the spouses have lived separate and apart for a continuous period in excess of 2 years and irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines…”
In Re Marriage of Tabassum & Younis, 881 N.E.2d 396 (Ill. App. Ct. 2007). “See 750 ILCS 5/401(a) (West 2004). Therefore, to constitute consideration, it is not logical to require separation as a prerequisite for the forbearance of filing for divorce.”
In re Marriage of Kirkpatrick, 768 N.E.2d 808 (Ill. App. Ct. 2002). · cites it 5× “Respondent concludes that the trial court erred because her desertion of petitioner was for less than one year and section 401(a)(1) provides that desertion is a sufficient ground for dissolution only if it was “for the space of one year” (750 ILCS 5/401(a)(1) (West 2000)).”
Show all 85 citing cases →
— 750 ILCS 5/401(3) — 3 cases
In re Marriage of Arjmand, 2017 IL App (2d) 160631 (Ill. App. Ct. 2017).
In re Marriage of Montana, 2022 IL App (1st) 190605-U (Ill. App. Ct. 2022).
In re Marriage of Tener, 2023 IL App (1st) 220890-U (Ill. App. Ct. 2023).
— 750 ILCS 5/401(a) — 12 cases
In re Marriage of Epting, 2012 IL App (1st) 113727 (Ill. App. Ct. 2013). “¶ 20 ANALYSIS ¶ 21 On appeal, Pedro first claims that Brenda did not prove that the parties satisfied the residency requirement of the Illinois Marriage and Dissolution of Marriage Act (the Act) (750 ILCS 5/401(a) (West 2008)), and therefore the trial court’s judgment must be…”
In Re Marriage of Tabassum & Younis, 881 N.E.2d 396 (Ill. App. Ct. 2007). “See 750 ILCS 5/401(a) (West 2004). Therefore, to constitute consideration, it is not logical to require separation as a prerequisite for the forbearance of filing for divorce.”
In Re Marriage of Wade, 946 N.E.2d 485 (Ill. App. Ct. 2011).
In re Marriage of Tarbouche, 2023 IL App (1st) 211145-U (Ill. App. Ct. 2023).
In Re Marriage of Hoover, 732 N.E.2d 145 (Ill. App. Ct. 2000).
— 750 ILCS 5/401(a)(1) — 7 cases
In Re Marriage of Bonneau, 691 N.E.2d 123 (Ill. App. Ct. 1998).
In re Marriage of Kirkpatrick, 768 N.E.2d 808 (Ill. App. Ct. 2002). “Respondent concludes that the trial court erred because her desertion of petitioner was for less than one year and section 401(a)(1) provides that desertion is a sufficient ground for dissolution only if it was “for the space of one year” (750 ILCS 5/401(a)(1) (West 2000)).”
In re D.M., 298 Ill. App. 3d 574 (Ill. App. Ct. 1998).
In re Marriage of Bonneau, 691 N.E.2d 123 (Ill. App. Ct. 1998).
In re Marriage of Webb, 2020 IL App (2d) 180805-U (Ill. App. Ct. 2020).
— 750 ILCS 5/401(a)(2) — 14 cases
Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2016). “July 1, 1984) (codified at 750 ILCS 5/401(a)(2) (West 2012)). Then in 1985, the Illinois Parentage Act of 1984 provided that “[t]he parent and child relationship, including support obligations, extends equally to every child and to every parent, regardless of the marital status…”
Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2017). “July 1, 1984) (codified at 750 ILCS 5/401(a)(2) (West 2012)). Then in 1985, the Illinois Parentage Act of 1984 provided that “[t]he parent and child relationship, including support obligations, extends equally to every child and to every parent, regardless of the marital status…”
In Re Marriage of Fields, 681 N.E.2d 166 (Ill. App. Ct. 1997).
In re Marriage of Yelton, 676 N.E.2d 993 (Ill. App. Ct. 1997).
In re Marriage of Gorman, 671 N.E.2d 819 (Ill. App. Ct. 1996).
— 750 ILCS 5/401(a)(l) — 5 cases
In Re Marriage of Barnes, 755 N.E.2d 522 (Ill. App. Ct. 2001).
In Re Marriage of Jerome & Martinez, 625 N.E.2d 1195 (Ill. App. Ct. 1994).
In re Marriage of Kirkpatrick, 768 N.E.2d 808 (Ill. App. Ct. 2002). “Respondent concludes that the trial court erred because her desertion of petitioner was for less than one year and section 401(a)(1) provides that desertion is a sufficient ground for dissolution only if it was “for the space of one year” (750 ILCS 5/401(a)(1) (West 2000)).”
People v. Betty M., 699 N.E.2d 212 (Ill. App. Ct. 1998).
In Re Marriage of Hightower, 830 N.E.2d 862 (Ill. App. Ct. 2005).
— 750 ILCS 5/401(b) — 40 cases
In re Marriage of Mathis, 2012 IL 113496 (Ill. 2013). “” 750 ILCS 5/401(b) (West 2010). ¶ 50 As a result, while a judgment of dissolution may be entered, allowing the parties to remarry and terminating the acquisition of marital property as of that date, it is sometimes necessary for questions of child custody and support,…”
In Re Marriage of Ignatius, 788 N.E.2d 794 (Ill. App. Ct. 2003). “Section 401(b) of the Illinois Marriage and Dissolution of Marriage Act (the Marriage Act) (750 ILCS 5/401(b) (West 2000)) provides in relevant part: “Judgment shall not be entered unless, to the extent it has jurisdiction to do so, the court has considered, approved, reserved…”
Copeland v. McLean, 763 N.E.2d 941 (Ill. App. Ct. 2002). “The next day, June 27, 2001, respondent filed a motion to vacate the findings, for reconsideration, for an opportunity to be heard and for denial of entry of judgment, alleging there had been no finding, pursuant to section 401(b) of the Illinois Marriage and Dissolution of…”
In Re Marriage of Awan, 902 N.E.2d 777 (Ill. App. Ct. 2009). “" 750 ILCS 5/401(b) (West 2006). Parveen agreed to the bifurcated proceedings and dissolution judgment.”
Kic v. Bianucci, 2011 IL App (1st) 100622 (Ill. App. Ct. 2011). “The Illinois Marriage and Dissolution of Marriage Act (the Act) states that the court has jurisdiction to enter a judgment for dissolution of marriage even if it has reserved the issues of child custody, support, maintenance or distribution of property.”
— 750 ILCS 5/401(b)(i) — 2 cases
In re Marriage of Potenza, 2020 IL App (1st) 192454 (Ill. App. Ct. 2020).
In re Marriage of Potenza, 2020 IL App (1st) 192454 (Ill. App. Ct. 2020).
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