99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4893

 

Introduced , by Rep. Jim Durkin

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 5/105  from Ch. 40, par. 105

    Amends the Illinois Marriage and Dissolution of Marriage Act. Makes a technical change in a Section concerning the application of the Civil Practice Law.


LRB099 17828 HEP 42190 b

 

 

A BILL FOR

 

HB4893LRB099 17828 HEP 42190 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Marriage and Dissolution of
5Marriage Act is amended by changing Section 105 as follows:
 
6    (750 ILCS 5/105)  (from Ch. 40, par. 105)
7    Sec. 105. Application of Civil Practice Law.)
8    (a) The The provisions of the Civil Practice Law shall
9apply to all proceedings under this Act, except as otherwise
10provided in this Act.
11    (b) A proceeding for dissolution of marriage, legal
12separation or declaration of invalidity of marriage shall be
13entitled "In re the Marriage of ... and ...". A parental
14responsibility allocation or support proceeding shall be
15entitled "In re the (Parental Responsibility) (Support) of
16...".
17    (c) The initial pleading in all proceedings under this Act
18shall be denominated a petition. A responsive pleading shall be
19denominated a response. If new matter by way of defense is
20pleaded in the response, a reply may be filed by the
21petitioner, but the failure to reply is not an admission of the
22legal sufficiency of the new matter. All other pleadings under
23this Act shall be denominated as provided in the Civil Practice

 

 

HB4893- 2 -LRB099 17828 HEP 42190 b

1Law.
2    (d) As used in this Section, "pleadings" includes any
3petition or motion filed in the dissolution of marriage case
4which, if independently filed, would constitute a separate
5cause of action, including, but not limited to, actions for
6declaratory judgment, injunctive relief, and orders of
7protection. Actions under this subsection are subject to
8motions filed pursuant to Sections 2-615 and 2-619 of the Code
9of Civil Procedure.
10(Source: P.A. 99-90, eff. 1-1-16.)