Full Text of SB1191 101st General Assembly
SB1191enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | changing Section 21-103 as follows:
| 6 | | (735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
| 7 | | Sec. 21-103. Notice by publication.
| 8 | | (a) Previous notice shall be given of the intended | 9 | | application by
publishing a notice thereof in some newspaper | 10 | | published in the municipality
in which the person resides if | 11 | | the municipality is in a county with a
population under | 12 | | 2,000,000, or if the person does not reside
in a municipality | 13 | | in a county with a population under 2,000,000,
or if no | 14 | | newspaper is published in the municipality or if the person | 15 | | resides
in a county with a population of 2,000,000 or more, | 16 | | then in some newspaper
published in the county where the person | 17 | | resides, or if no newspaper
is published in that county, then | 18 | | in some convenient newspaper published
in this State. The | 19 | | notice shall be inserted for 3 consecutive weeks after filing, | 20 | | the
first insertion to be at least 6 weeks before the return | 21 | | day upon which
the petition is to be heard, and shall be signed | 22 | | by the petitioner or, in
case of a minor, the minor's parent or | 23 | | guardian, and shall set
forth the return day of court on which |
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| 1 | | the petition is to be heard and the
name sought to be assumed.
| 2 | | (b) The publication requirement of subsection (a) shall not | 3 | | be
required in any application for a change of name involving a | 4 | | minor if,
before making judgment under this Article, reasonable | 5 | | notice and opportunity
to be heard is given to any parent whose | 6 | | parental rights have not been
previously terminated and to any | 7 | | person who has physical custody of the
child. If any of these | 8 | | persons are outside this State, notice and
opportunity to be | 9 | | heard shall be given under Section 21-104.
| 10 | | (b-3) The publication requirement of subsection (a) shall | 11 | | not be required in any application for a change of name | 12 | | involving a person who has received a judgment for dissolution | 13 | | of marriage or declaration of invalidity of marriage and wishes | 14 | | to change his or her name to resume the use of his or her former | 15 | | or maiden name. | 16 | | (b-5) Upon motion, the court may issue an order directing | 17 | | that the notice and publication requirement be waived for a | 18 | | change of name involving a person who files with the court a | 19 | | written declaration that the person believes that publishing | 20 | | notice of the name change would put the person at risk of | 21 | | physical harm or discrimination. The person must provide | 22 | | evidence to support the claim that publishing notice of the | 23 | | name change would put the person at risk of physical harm or | 24 | | discrimination. | 25 | | (c) The Director of State Police or his or her designee may | 26 | | apply to the
circuit court
for an order directing that the |
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| 1 | | notice and publication requirements of
this Section be waived | 2 | | if the Director or his or her designee certifies that
the name | 3 | | change being sought is intended to protect a witness during and
| 4 | | following a criminal investigation or proceeding.
| 5 | | (c-1) The court may enter a written order waiving the | 6 | | publication requirement of subsection (a) if: | 7 | | (i) the petitioner is 18 years of age or older; and | 8 | | (ii) concurrent with the petition, the petitioner | 9 | | files with the court a statement, verified under oath as | 10 | | provided under Section 1-109 of this Code, attesting that | 11 | | the petitioner is or has been a person protected under the | 12 | | Illinois Domestic Violence Act of 1986, the Stalking No | 13 | | Contact Order Act, the Civil No Contact Order Act, Article | 14 | | 112A of the Code of Criminal Procedure of 1963, a condition | 15 | | of bail under subsections (b) through (d) of Section 110-10 | 16 | | of the Code of Criminal Procedure of 1963, or a similar | 17 | | provision of a law in another state or jurisdiction. | 18 | | The petitioner may attach to the statement any supporting | 19 | | documents, including relevant court orders. | 20 | | (c-2) If the petitioner files a statement attesting that | 21 | | disclosure of the petitioner's address would put the petitioner | 22 | | or any member of the petitioner's family or household at risk | 23 | | or reveal the confidential address of a shelter for domestic | 24 | | violence victims, that address may be omitted from all | 25 | | documents filed with the court, and the petitioner may | 26 | | designate an alternative address for service. |
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| 1 | | (c-3) Court administrators may allow domestic abuse | 2 | | advocates, rape crisis advocates, and victim advocates to | 3 | | assist petitioners in the preparation of name changes under | 4 | | subsection (c-1). | 5 | | (c-4) If the publication requirements of subsection (a) | 6 | | have been waived, the circuit court shall enter an order | 7 | | impounding the case. | 8 | | (d) The maximum rate charged for publication of a notice | 9 | | under this Section may not exceed the lowest classified rate | 10 | | paid by commercial users for comparable space in the newspaper | 11 | | in which the notice appears and shall include all cash | 12 | | discounts, multiple insertion discounts, and similar benefits | 13 | | extended to the newspaper's regular customers. | 14 | | (Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A. | 15 | | 100-565 for the effective date of P.A. 100-520); 100-788, eff. | 16 | | 1-1-19; 100-966, eff. 1-1-19; revised 10-4-18.)
| 17 | | Section 10. The Illinois Marriage and Dissolution of | 18 | | Marriage Act is amended by changing Section 413 as follows:
| 19 | | (750 ILCS 5/413) (from Ch. 40, par. 413)
| 20 | | Sec. 413. Judgment. | 21 | | (a) A judgment of dissolution
of marriage or of legal | 22 | | separation or of declaration of invalidity of marriage shall be | 23 | | entered within 60 days of the closing of proofs; however, if | 24 | | the court enters an order specifying good cause as to why the |
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| 1 | | court needs an additional 30 days, the judgment shall be | 2 | | entered within 90 days of the closing of proofs, including any | 3 | | hearing under subsection (j) of Section 503 of this Act and | 4 | | submission of closing arguments. A judgment of dissolution
of | 5 | | marriage or of legal separation or of declaration of invalidity | 6 | | of marriage is final
when entered, subject to the right of | 7 | | appeal. An appeal from the judgment
of dissolution of marriage | 8 | | that does not challenge the finding as to grounds
does not | 9 | | delay the finality
of that provision of the judgment which | 10 | | dissolves the marriage, beyond the time for
appealing from that | 11 | | provision, and either of the parties may remarry pending | 12 | | appeal.
An order requiring maintenance or support of a spouse
| 13 | | or a minor
child or children entered under this Act or any | 14 | | other law of this State shall not be suspended or the | 15 | | enforcement thereof stayed pending
the filing and resolution of | 16 | | post-judgment motions or an appeal.
| 17 | | (b) The clerk of the court shall give notice of the entry | 18 | | of a judgment of dissolution
of marriage or legal separation or | 19 | | a declaration of invalidity of marriage:
| 20 | | (1) if the marriage is registered in this State, to the | 21 | | county clerk of the county
where the marriage is | 22 | | registered, who shall enter the fact of dissolution
of | 23 | | marriage or legal
separation or declaration of invalidity | 24 | | of marriage in the marriage registry;
and within 45 days | 25 | | after the close
of the month in which the judgment is | 26 | | entered, the
clerk shall forward
the certificate to the |
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| 1 | | Department of Public Health on a form furnished by the
| 2 | | Department; or
| 3 | | (2) if the marriage is registered in another | 4 | | jurisdiction, to the
appropriate official of that | 5 | | jurisdiction, with the request that he enter the fact of
| 6 | | dissolution of marriage or legal separation or declaration | 7 | | of invalidity
of marriage in the appropriate record.
| 8 | | (c) Unless the person whose marriage is dissolved or | 9 | | declared
invalid requests otherwise, the judgment under this | 10 | | Section shall contain a provision authorizing the person to | 11 | | resume the use of his or her former or maiden name, should he | 12 | | or she choose to do so, at any time he or she chooses to do so. | 13 | | If a judgment contains such a provision, the person resuming | 14 | | the use of his or her former or maiden name is not required to | 15 | | file a petition for a change of name under Article XXI of the | 16 | | Code of Civil Procedure.
| 17 | | If a person whose marriage is dissolved or declared invalid | 18 | | chooses to resume the use of his or her former or maiden name, | 19 | | he or she is not required to provide notice by publication | 20 | | pursuant to subsection (a) of Section 21-103 of the Code of | 21 | | Civil Procedure. | 22 | | (d) A judgment of dissolution of marriage or legal | 23 | | separation, if made, shall
be awarded to both of the parties, | 24 | | and shall provide that it affects the
status previously
| 25 | | existing between the parties in the manner adjudged.
| 26 | | (Source: P.A. 99-90, eff. 1-1-16; 100-520, eff. 1-1-18 (see |
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| 1 | | Section 5 of P.A. 100-565 for the effective date of P.A. | 2 | | 100-520).)
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