Strukoff v. Strukoff

This appeal is from a holding by a judge of the circuit court of Cook County that section 403(e) of the Illinois Marriage and Dissolution of Marriage Act (Ill. Rev. Stat. 1977, ch. 40, par. 403(e)) is an unconstitutional legislative encroachment upon the rulemaking powers of the judiciary. The appeal comes to us directly under our Rule 302(a). 58 Ill. 2d R. 302(a).

On July 14, 1977, the plaintiff, Twila Ann Strukoff, filed a complaint for divorce against the defendant, Robert Strukoff. The Illinois Marriage and Dissolution of Marriage Act (the Act) became effective on October 1, 1977, and by…