In Re Marriage of Semmler

This appeal arises out of a two-count petition for dissolution of marriage filed by the plaintiff, Russell Semmler. The defendant, Priscilla Semmler, moved to dismiss count II of the petition which relied upon section 401(a)(2) of the Illinois Marriage and Dissolution of Marriage Act (Ill. Rev. Stat., 1984 Supp., ch. 40, par. 401(a)(2) (hereinafter referred to as the no-fault provision)). The trial court granted the motion, holding the no-fault provision to be unconstitutional as applied to this case. Although the dismissal did not affect count I of the dissolution petition, the trial court…