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LRB096 14819 AJO 29682 b |
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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 |
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| changing Section 2-1203 as follows:
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| (735 ILCS 5/2-1203) (from Ch. 110, par. 2-1203)
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| Sec. 2-1203. Motions after judgment in non-jury cases. |
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| (a) In all
cases tried without a jury, any party may, |
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| within 30 days after the
entry of the judgment or within any |
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| further time the court may allow
within the 30 days or any |
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| extensions thereof, file a motion for a
rehearing, or a |
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| retrial, or modification of the judgment or to vacate
the |
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| judgment or for other relief.
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| (b) Except as provided in subsection (a) of Section 413 of |
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| the Illinois Marriage and Dissolution of Marriage Act, a A |
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| motion filed in apt time stays enforcement of the judgment |
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| except that a judgment granting injunctive or declaratory |
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| relief shall be stayed only by a court order that follows a |
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| separate application that sets forth just cause for staying the |
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| enforcement.
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| (Source: P.A. 95-902, eff. 1-1-09.)
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| Section 10. The Illinois Marriage and Dissolution of |
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LRB096 14819 AJO 29682 b |
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| 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 |
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| marriage or of legal separation or of declaration of invalidity |
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| of marriage is final
when entered, subject to the right of |
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| appeal. An appeal from the judgment
of dissolution of marriage |
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| that does not challenge the finding as to grounds
does not |
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| delay the finality
of that provision of the judgment which |
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| dissolves the marriage, beyond the time for
appealing from that |
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| provision, and either of the parties may remarry pending |
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| appeal.
An order requiring maintenance or directing payment of |
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| money for support or maintenance of a the spouse
or a the minor
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| child or children entered under this Act or any other law of |
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| this State shall not be suspended or the enforcement thereof |
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| stayed pending
the filing and resolution of post-judgment |
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| motions or an appeal.
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| (b) The clerk of the court shall give notice of the entry |
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| of a judgment of dissolution
of marriage or legal separation or |
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| a declaration of invalidity of marriage:
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| (1) if the marriage is registered in this State, to the |
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| county clerk of the county
where the marriage is registered, |
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| who shall enter the fact of dissolution
of marriage or legal
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| separation or declaration of invalidity of marriage in the |
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| marriage registry;
and within 45 days after the close
of the |
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| month in which the judgment is entered, the
clerk shall forward
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LRB096 14819 AJO 29682 b |
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| the certificate to the Department of Public Health on a form |
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| furnished by the
Department; or
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| (2) if the marriage is registered in another jurisdiction, |
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| to the
appropriate official of that jurisdiction, with the |
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| request that he enter the fact of
dissolution of marriage or |
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| legal separation or declaration of invalidity
of marriage in |
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| the appropriate record.
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| (c) Upon request by a wife whose marriage is dissolved or |
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| declared
invalid, the court shall order her maiden name or a |
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| former name restored.
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| (d) A judgment of dissolution of marriage or legal |
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| separation, if made, shall
be awarded to both of the parties, |
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| 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. 84-546.)
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