HB1553 100TH GENERAL ASSEMBLY

LRB100 03395 HEP 13400 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1553

Introduced , by Rep. Michael J. Madigan

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.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Section 105 as follows:

(750 ILCS 5/105) (from Ch. 40, par. 105)

Sec. 105. Application of Civil Practice Law.)

(a) The The provisions of the Civil Practice Law shall apply to all proceedings under this Act, except as otherwise provided in this Act.

(b) A proceeding for dissolution of marriage, legal separation or declaration of invalidity of marriage shall be entitled "In re the Marriage of ... and ...". A parental responsibility allocation or support proceeding shall be entitled "In re the (Parental Responsibility) (Support) of ...".

(c) The initial pleading in all proceedings under this Act shall be denominated a petition. A responsive pleading shall be denominated a response. If new matter by way of defense is pleaded in the response, a reply may be filed by the petitioner, but the failure to reply is not an admission of the legal sufficiency of the new matter. All other pleadings under this Act shall be denominated as provided in the Civil Practice Law.

(d) As used in this Section, "pleadings" includes any petition or motion filed in the dissolution of marriage case which, if independently filed, would constitute a separate cause of action, including, but not limited to, actions for declaratory judgment, injunctive relief, and orders of protection. Actions under this subsection are subject to motions filed pursuant to Sections 2-615 and 2-619 of the Code of Civil Procedure.

(Source: P.A. 99-90, eff. 1-1-16.)