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Public Act 101-0203


 

Public Act 0203 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0203
 
SB1191 EnrolledLRB101 05187 LNS 50199 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Civil Procedure is amended by
changing Section 21-103 as follows:
 
    (735 ILCS 5/21-103)  (from Ch. 110, par. 21-103)
    Sec. 21-103. Notice by publication.
    (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.
    (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.
    (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
following a criminal investigation or proceeding.
    (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.)
 
    Section 10. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 413 as follows:
 
    (750 ILCS 5/413)  (from Ch. 40, par. 413)
    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
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.
    (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:
        (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
    Department; or
        (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.
    (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.
    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
existing between the parties in the manner adjudged.
(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).)

Effective Date: 1/1/2020