Bill Text: IL SB1191 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Code of Civil Procedure. Provides that 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 is not required to provide notice by publication of the change of name. Makes conforming changes in the Illinois Marriage and Dissolution of Marriage Act and further provides that if a judgment contains a provision authorizing the person to resume the use of his or her former or maiden name, 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 the Code of Civil Procedure.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Enrolled) 2019-06-19 - Sent to the Governor [SB1191 Detail]

Download: Illinois-2019-SB1191-Enrolled.html



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1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Code of Civil Procedure is amended by
5changing Section 21-103 as follows:
6 (735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
7 Sec. 21-103. Notice by publication.
8 (a) Previous notice shall be given of the intended
9application by publishing a notice thereof in some newspaper
10published in the municipality in which the person resides if
11the municipality is in a county with a population under
122,000,000, or if the person does not reside in a municipality
13in a county with a population under 2,000,000, or if no
14newspaper is published in the municipality or if the person
15resides in a county with a population of 2,000,000 or more,
16then in some newspaper published in the county where the person
17resides, or if no newspaper is published in that county, then
18in some convenient newspaper published in this State. The
19notice shall be inserted for 3 consecutive weeks after filing,
20the first insertion to be at least 6 weeks before the return
21day upon which the petition is to be heard, and shall be signed
22by the petitioner or, in case of a minor, the minor's parent or
23guardian, and shall set forth the return day of court on which

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1the petition is to be heard and the name sought to be assumed.
2 (b) The publication requirement of subsection (a) shall not
3be required in any application for a change of name involving a
4minor if, before making judgment under this Article, reasonable
5notice and opportunity to be heard is given to any parent whose
6parental rights have not been previously terminated and to any
7person who has physical custody of the child. If any of these
8persons are outside this State, notice and opportunity to be
9heard shall be given under Section 21-104.
10 (b-3) The publication requirement of subsection (a) shall
11not be required in any application for a change of name
12involving a person who has received a judgment for dissolution
13of marriage or declaration of invalidity of marriage and wishes
14to change his or her name to resume the use of his or her former
15or maiden name.
16 (b-5) Upon motion, the court may issue an order directing
17that the notice and publication requirement be waived for a
18change of name involving a person who files with the court a
19written declaration that the person believes that publishing
20notice of the name change would put the person at risk of
21physical harm or discrimination. The person must provide
22evidence to support the claim that publishing notice of the
23name change would put the person at risk of physical harm or
24discrimination.
25 (c) The Director of State Police or his or her designee may
26apply to the circuit court for an order directing that the

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1notice and publication requirements of this Section be waived
2if the Director or his or her designee certifies that the name
3change being sought is intended to protect a witness during and
4following a criminal investigation or proceeding.
5 (c-1) The court may enter a written order waiving the
6publication requirement of subsection (a) if:
7 (i) the petitioner is 18 years of age or older; and
8 (ii) concurrent with the petition, the petitioner
9 files with the court a statement, verified under oath as
10 provided under Section 1-109 of this Code, attesting that
11 the petitioner is or has been a person protected under the
12 Illinois Domestic Violence Act of 1986, the Stalking No
13 Contact Order Act, the Civil No Contact Order Act, Article
14 112A of the Code of Criminal Procedure of 1963, a condition
15 of bail under subsections (b) through (d) of Section 110-10
16 of the Code of Criminal Procedure of 1963, or a similar
17 provision of a law in another state or jurisdiction.
18 The petitioner may attach to the statement any supporting
19documents, including relevant court orders.
20 (c-2) If the petitioner files a statement attesting that
21disclosure of the petitioner's address would put the petitioner
22or any member of the petitioner's family or household at risk
23or reveal the confidential address of a shelter for domestic
24violence victims, that address may be omitted from all
25documents filed with the court, and the petitioner may
26designate an alternative address for service.

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1 (c-3) Court administrators may allow domestic abuse
2advocates, rape crisis advocates, and victim advocates to
3assist petitioners in the preparation of name changes under
4subsection (c-1).
5 (c-4) If the publication requirements of subsection (a)
6have been waived, the circuit court shall enter an order
7impounding the case.
8 (d) The maximum rate charged for publication of a notice
9under this Section may not exceed the lowest classified rate
10paid by commercial users for comparable space in the newspaper
11in which the notice appears and shall include all cash
12discounts, multiple insertion discounts, and similar benefits
13extended to the newspaper's regular customers.
14(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.
15100-565 for the effective date of P.A. 100-520); 100-788, eff.
161-1-19; 100-966, eff. 1-1-19; revised 10-4-18.)
17 Section 10. The Illinois Marriage and Dissolution of
18Marriage Act is amended by changing Section 413 as follows:
19 (750 ILCS 5/413) (from Ch. 40, par. 413)
20 Sec. 413. Judgment.
21 (a) A judgment of dissolution of marriage or of legal
22separation or of declaration of invalidity of marriage shall be
23entered within 60 days of the closing of proofs; however, if
24the court enters an order specifying good cause as to why the

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1court needs an additional 30 days, the judgment shall be
2entered within 90 days of the closing of proofs, including any
3hearing under subsection (j) of Section 503 of this Act and
4submission of closing arguments. A judgment of dissolution of
5marriage or of legal separation or of declaration of invalidity
6of marriage is final when entered, subject to the right of
7appeal. An appeal from the judgment of dissolution of marriage
8that does not challenge the finding as to grounds does not
9delay the finality of that provision of the judgment which
10dissolves the marriage, beyond the time for appealing from that
11provision, and either of the parties may remarry pending
12appeal. An order requiring maintenance or support of a spouse
13or a minor child or children entered under this Act or any
14other law of this State shall not be suspended or the
15enforcement thereof stayed pending the filing and resolution of
16post-judgment motions or an appeal.
17 (b) The clerk of the court shall give notice of the entry
18of a judgment of dissolution of marriage or legal separation or
19a declaration of invalidity of marriage:
20 (1) if the marriage is registered in this State, to the
21 county clerk of the county where the marriage is
22 registered, who shall enter the fact of dissolution of
23 marriage or legal separation or declaration of invalidity
24 of marriage in the marriage registry; and within 45 days
25 after the close of the month in which the judgment is
26 entered, the clerk shall forward the certificate to the

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1 Department of Public Health on a form furnished by the
2 Department; or
3 (2) if the marriage is registered in another
4 jurisdiction, to the appropriate official of that
5 jurisdiction, with the request that he enter the fact of
6 dissolution of marriage or legal separation or declaration
7 of invalidity of marriage in the appropriate record.
8 (c) Unless the person whose marriage is dissolved or
9declared invalid requests otherwise, the judgment under this
10Section shall contain a provision authorizing the person to
11resume the use of his or her former or maiden name, should he
12or she choose to do so, at any time he or she chooses to do so.
13If a judgment contains such a provision, the person resuming
14the use of his or her former or maiden name is not required to
15file a petition for a change of name under Article XXI of the
16Code of Civil Procedure.
17 If a person whose marriage is dissolved or declared invalid
18chooses to resume the use of his or her former or maiden name,
19he or she is not required to provide notice by publication
20pursuant to subsection (a) of Section 21-103 of the Code of
21Civil Procedure.
22 (d) A judgment of dissolution of marriage or legal
23separation, if made, shall be awarded to both of the parties,
24and shall provide that it affects the status previously
25existing between the parties in the manner adjudged.
26(Source: P.A. 99-90, eff. 1-1-16; 100-520, eff. 1-1-18 (see

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1Section 5 of P.A. 100-565 for the effective date of P.A.
2100-520).)
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