Public Act 101-0203
 
SB1191 EnrolledLRB101 05187 LNS 50199 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Code of Civil Procedure is amended  by 
changing Section 21-103 as follows:
 


    (735 ILCS 5/21-103)  (from Ch. 110, par. 21-103)




    Sec. 21-103. Notice by publication. 

    (a) Previous notice shall be given of the intended 
application by
publishing a notice thereof in some newspaper 
published in the municipality
in which the person resides if 
the municipality is in a county with a
population under 
2,000,000,  or if the person does not reside
in a municipality 
in a county with a population under 2,000,000,
or if no 
newspaper is published in the municipality or if the person 
resides
in a county with a population of 2,000,000 or more,  
then in some newspaper
published in the county where the person 
resides, or if no newspaper
is published in that county, then 
in some convenient newspaper published
in this State.  The 
notice shall be inserted for 3 consecutive weeks  after filing, 
the
first insertion to be at least 6 weeks before the return 
day upon which
the petition is to be heard, and shall be signed 
by the petitioner or, in
case of a minor, the minor's parent or 
guardian, and shall set
forth the return day of court on which 
the petition is to be heard and the
name sought to be assumed.

    (b) The publication requirement of subsection (a) shall not 
be
required in any application for a change of name involving a 
minor if,
before making judgment under this Article, reasonable 
notice and opportunity
to be heard is given to any parent whose 
parental rights have not been
previously terminated and to any 
person who has physical custody of the
child.  If any of these 
persons are outside this State, notice and
opportunity to be 
heard shall be given under Section 21-104.

    (b-3) The publication requirement of subsection (a) shall 
not be required in any application for a change of name 
involving a person who has received a judgment for dissolution 
of marriage or declaration of invalidity of marriage and wishes 
to change his or her name to resume the use of his or her former 
or maiden name.
    (b-5) Upon motion, the court may issue  an order directing 
that the notice and publication requirement be waived for a 
change of name involving a person who files with the court a 
written declaration that the person believes that  publishing 
notice of the name change would put the person at risk of 
physical harm or discrimination. The person must provide 
evidence to support the claim that publishing notice of the  
name change would put the person at risk of physical harm or 
discrimination. 
    (c) The Director of State Police or his or her designee may 
apply to the
circuit court
for an order directing that the 
notice and publication requirements of
this Section be waived 
if the Director or his or her designee certifies that
the name 
change being sought is intended to protect a witness during and

following a criminal investigation or proceeding.

    (c-1) The court may enter a written order waiving the 
publication requirement of subsection (a) if:
        (i) the petitioner is 18 years of age or older; and
        (ii) concurrent with the petition, the petitioner 
    files with the court a statement, verified under oath as 
    provided under Section 1-109 of this Code, attesting that 
    the petitioner is or has been a person protected under the 
    Illinois Domestic Violence Act of 1986, the Stalking No 
    Contact Order Act, the Civil No Contact Order Act, Article 
    112A of the Code of Criminal Procedure of 1963, a condition 
    of bail under subsections (b) through (d) of Section 110-10 
    of the Code of Criminal Procedure of 1963, or a similar 
    provision of a law in another state or jurisdiction.
    The petitioner may attach to the statement any supporting 
documents, including relevant court orders.
    (c-2) If the petitioner files a statement attesting that 
disclosure of the petitioner's address would put the petitioner 
or any member of the petitioner's family or household at risk 
or reveal the confidential address of a shelter for domestic 
violence victims, that address may be omitted from all 
documents filed with the court, and the petitioner may 
designate an alternative address for service.
    (c-3) Court administrators may allow domestic abuse 
advocates, rape crisis advocates, and victim advocates to 
assist petitioners in the preparation of name changes under 
subsection (c-1).
    (c-4) If the publication requirements of subsection (a) 
have been waived, the circuit court shall enter an order 
impounding the case. 
    (d) The maximum rate charged for publication of a notice 
under this Section may not exceed the lowest classified rate 
paid by commercial users for comparable space in the newspaper 
in which the notice appears and shall include all cash 
discounts, multiple insertion discounts, and similar benefits 
extended to the newspaper's regular customers. 
(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A. 
100-565 for the effective date of P.A. 100-520); 100-788, eff. 
1-1-19; 100-966, eff. 1-1-19; revised 10-4-18.)

  
 
    Section 10. The Illinois Marriage and Dissolution of 
Marriage Act is amended by changing Section 413 as follows:
 


    (750 ILCS 5/413)  (from Ch. 40, par. 413)



    Sec. 413. Judgment.  
    (a) A judgment of dissolution
of marriage or of legal 
separation or of declaration of invalidity of marriage shall be 
entered within 60 days of the closing of proofs; however, if 
the court enters an order specifying good cause as to why the 
court needs an additional 30 days, the judgment shall be 
entered within 90 days of the closing of proofs, including any 
hearing under subsection (j) of Section 503 of this Act and 
submission of closing arguments. A judgment of dissolution
of 
marriage or of legal separation or of declaration of invalidity 
of marriage is final
when entered, subject to the right of 
appeal.  An appeal from the judgment
of dissolution of marriage 
that does not challenge the finding as to grounds
does not 
delay the finality
of that provision of the judgment which 
dissolves the marriage, beyond the time for
appealing from that  
provision, and either of the parties may remarry pending 
appeal.
An order requiring maintenance or support of a spouse

or a minor
child or children entered under this Act or any 
other law of this State shall not be suspended or the 
enforcement thereof stayed pending
the filing and resolution of 
post-judgment motions or an appeal. 

    (b) The clerk of the court shall give notice of the entry 
of a judgment of dissolution
of marriage or legal separation or 
a declaration of invalidity of marriage:

        (1) if the marriage is registered in this State, to the 
    county clerk of the county
where the marriage is 
    registered, who shall enter the fact of dissolution
of 
    marriage or legal
separation or declaration of invalidity 
    of marriage in the marriage registry;
and within 45 days 
    after the close
of the month in which the judgment is 
    entered, the
clerk shall forward
the certificate to the 
    Department of Public Health on a form furnished by the

    Department; or

        (2) if the marriage is registered in another 
    jurisdiction, to the
appropriate official of that 
    jurisdiction, with the request that he enter the fact of

    dissolution of marriage or legal separation or declaration 
    of invalidity
of marriage in the appropriate record.

    (c) Unless the person whose marriage is dissolved or 
declared
invalid requests otherwise, the judgment under this 
Section shall contain a provision authorizing the person to 
resume the use of his or her former or maiden name, should he 
or she choose to do so, at any time he or she chooses to do so. 
If a judgment contains such a provision, the person resuming 
the use of his or her former or maiden name is not required to 
file a petition for a change of name under Article XXI of the 
Code of Civil Procedure. 

    If a person whose marriage is dissolved or declared invalid 
chooses to resume the use of his or her former or maiden name, 
he or she is not required to provide notice by publication 
pursuant to subsection (a) of Section 21-103 of the Code of 
Civil Procedure.
    (d) A judgment of dissolution of marriage or legal 
separation, if made, shall
be awarded to both of the parties, 
and shall provide that it affects the
status previously

existing between the parties in the manner adjudged.

(Source: P.A. 99-90, eff. 1-1-16; 100-520, eff. 1-1-18 (see 
Section 5 of P.A. 100-565 for the effective date of P.A. 
100-520).)