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| Public Act 096-1072 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Section 2-1203 as follows:
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(735 ILCS 5/2-1203) (from Ch. 110, par. 2-1203)
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Sec. 2-1203. Motions after judgment in non-jury cases. | ||||
(a) In all
cases tried without a jury, any party may, | ||||
within 30 days after the
entry of the judgment or within any | ||||
further time the court may allow
within the 30 days or any | ||||
extensions thereof, file a motion for a
rehearing, or a | ||||
retrial, or modification of the judgment or to vacate
the | ||||
judgment or for other relief.
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(b) Except as provided in subsection (a) of Section 413 of | ||||
the Illinois Marriage and Dissolution of Marriage Act, a A | ||||
motion filed in apt time stays enforcement of the judgment | ||||
except that a judgment granting injunctive or declaratory | ||||
relief shall be stayed only by a court order that follows a | ||||
separate application that sets forth just cause for staying the | ||||
enforcement.
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(Source: P.A. 95-902, eff. 1-1-09.)
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Section 10. The Illinois Marriage and Dissolution of | ||||
Marriage Act is amended by changing Section 413 as follows:
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(750 ILCS 5/413) (from Ch. 40, par. 413)
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Sec. 413.
Judgment.) (a) 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 directing payment of | ||
money for support or maintenance of a the spouse
or a the minor
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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.
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(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:
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(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
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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
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the certificate to the Department of Public Health on a form | ||
furnished by the
Department; or
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(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.
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(c) Upon request by a wife whose marriage is dissolved or | ||
declared
invalid, the court shall order her maiden name or a | ||
former name restored.
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(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
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existing between the parties in the manner adjudged.
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(Source: P.A. 84-546.)
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