Illinois § 304 Retroactivity

Illinois Statutes

§ 304 — Retroactivity

Illinois § 304

JurisdictionIllinois

TopicRIGHTS AND REMEDIES

Ch. 750FAMILIES

Act 750 ILCS 5/Illinois Marriage and Dissolution of Marriage Act.

Art.Part III - Declaration Of Invalidity Of Marriage

This text of Illinois § 304 (Retroactivity) is published on Counsel Stack Legal Research, covering Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

750 Ill. Comp. Stat. 304 (2026).

Text

Unless the court finds, after a consideration of all relevant circumstances, including the effect of a retroactive judgment on third parties, that the interests of justice would be served by making the judgment not retroactive, it shall declare the marriage invalid as of the date of the marriage. The provisions of this Act relating to property rights of the spouses, maintenance, support of children, and allocation of parental responsibilities on dissolution of marriage are applicable to non-retroactive judgments of invalidity of marriage only.

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Unless the court finds, after a consideration of all relevant circumstances, including the effect of a retroactive judgment on third parties, that the interests of justice would be served by making the judgment not retroactive, it shall declare the marriage invalid as of the date of the marriage. The provisions of this Act relating to property rights of the spouses, maintenance, support of children, and allocation of parental responsibilities on dissolution of marriage are applicable to non-retroactive judgments of invalidity of marriage only.