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| Public Act 101-0203 | ||||
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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 21-103 as follows:
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(735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
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Sec. 21-103. Notice by publication.
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(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.
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(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.
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(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
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following a criminal investigation or proceeding.
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(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.)
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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 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
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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.
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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
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
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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
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dissolution of marriage or legal separation or declaration | ||
of invalidity
of marriage in the appropriate record.
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(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.
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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
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existing between the parties in the manner adjudged.
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(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).)
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