100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2537

 

Introduced , by Rep. Anna Moeller

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/21-103 rep.
735 ILCS 5/21-103.5 new
750 ILCS 5/413  from Ch. 40, par. 413

    Amends the Code of Civil Procedure. Repeals a Section concerning notice by publication requirements in a petition for change of name. Provides that in any application for a change of name involving a minor, before a judgment granting a change of name may be entered, actual notice and an opportunity to be heard shall be given to any parent whose parental rights have not been previously terminated and to any person who has been allocated parental responsibilities under the Illinois Marriage and Dissolution of Marriage Act. Provides that notice and an opportunity to be heard shall be given to persons outside this State as specified in other provisions of the Code. Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that unless the person whose marriage is dissolved or declared invalid requests otherwise, the court order 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 (instead of "upon request by a wife whose marriage is dissolved or declared invalid, the court shall order her maiden name or a former name restored").


LRB100 04116 HEP 18019 b

 

 

A BILL FOR

 

HB2537LRB100 04116 HEP 18019 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    (735 ILCS 5/21-103 rep.)
5    Section 5. The Code of Civil Procedure is amended by
6repealing Section 21-103.
 
7    Section 10. The Code of Civil Procedure is amended by
8adding Section 21-103.5 as follows:
 
9    (735 ILCS 5/21-103.5 new)
10    Sec. 21-103.5. Change of name involving a minor. In any
11application for a change of name involving a minor, before a
12judgment under this Article may be entered, actual notice and
13an opportunity to be heard shall be given to any parent whose
14parental rights have not been previously terminated and to any
15person who has been allocated parental responsibilities under
16Section 602.5 or 602.7 of the Illinois Marriage and Dissolution
17of Marriage Act. If any of these persons is outside this State,
18notice and an opportunity to be heard shall be given under
19Section 21-104.
 
20    Section 15. The Illinois Marriage and Dissolution of
21Marriage Act is amended by changing Section 413 as follows:
 

 

 

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1    (750 ILCS 5/413)  (from Ch. 40, par. 413)
2    Sec. 413. Judgment.
3    (a) A judgment of dissolution of marriage or of legal
4separation or of declaration of invalidity of marriage shall be
5entered within 60 days of the closing of proofs; however, if
6the court enters an order specifying good cause as to why the
7court needs an additional 30 days, the judgment shall be
8entered within 90 days of the closing of proofs, including any
9hearing under subsection (j) of Section 503 of this Act and
10submission of closing arguments. A judgment of dissolution of
11marriage or of legal separation or of declaration of invalidity
12of marriage is final when entered, subject to the right of
13appeal. An appeal from the judgment of dissolution of marriage
14that does not challenge the finding as to grounds does not
15delay the finality of that provision of the judgment which
16dissolves the marriage, beyond the time for appealing from that
17provision, and either of the parties may remarry pending
18appeal. An order requiring maintenance or support of a spouse
19or a minor child or children entered under this Act or any
20other law of this State shall not be suspended or the
21enforcement thereof stayed pending the filing and resolution of
22post-judgment motions or an appeal.
23    (b) The clerk of the court shall give notice of the entry
24of a judgment of dissolution of marriage or legal separation or
25a declaration of invalidity of marriage:

 

 

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1        (1) if the marriage is registered in this State, to the
2    county clerk of the county where the marriage is
3    registered, who shall enter the fact of dissolution of
4    marriage or legal separation or declaration of invalidity
5    of marriage in the marriage registry; and within 45 days
6    after the close of the month in which the judgment is
7    entered, the clerk shall forward the certificate to the
8    Department of Public Health on a form furnished by the
9    Department; or
10        (2) if the marriage is registered in another
11    jurisdiction, to the appropriate official of that
12    jurisdiction, with the request that he enter the fact of
13    dissolution of marriage or legal separation or declaration
14    of invalidity of marriage in the appropriate record.
15    (c) Unless the person whose marriage is dissolved or
16declared invalid requests otherwise, the judgment under this
17Section shall contain a provision authorizing the person to
18resume the use of his or her former or maiden name, should he
19or she choose to do so, at any time he or she chooses to do so.
20Upon request by a wife whose marriage is dissolved or declared
21invalid, the court shall order her maiden name or a former name
22restored.
23    (d) A judgment of dissolution of marriage or legal
24separation, if made, shall be awarded to both of the parties,
25and shall provide that it affects the status previously
26existing between the parties in the manner adjudged.

 

 

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