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| | HB2537 Engrossed | - 2 - | LRB100 04116 HEP 18019 b |
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1 | | (750 ILCS 5/413) (from Ch. 40, par. 413)
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2 | | Sec. 413. Judgment. |
3 | | (a) A judgment of dissolution
of marriage or of legal |
4 | | separation or of declaration of invalidity of marriage shall be |
5 | | entered within 60 days of the closing of proofs; however, if |
6 | | the court enters an order specifying good cause as to why the |
7 | | court needs an additional 30 days, the judgment shall be |
8 | | entered within 90 days of the closing of proofs, including any |
9 | | hearing under subsection (j) of Section 503 of this Act and |
10 | | submission of closing arguments. A judgment of dissolution
of |
11 | | marriage or of legal separation or of declaration of invalidity |
12 | | of marriage is final
when entered, subject to the right of |
13 | | appeal. An appeal from the judgment
of dissolution of marriage |
14 | | that does not challenge the finding as to grounds
does not |
15 | | delay the finality
of that provision of the judgment which |
16 | | dissolves the marriage, beyond the time for
appealing from that |
17 | | provision, and either of the parties may remarry pending |
18 | | appeal.
An order requiring maintenance or support of a spouse
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19 | | or a minor
child or children entered under this Act or any |
20 | | other law of this State shall not be suspended or the |
21 | | enforcement thereof stayed pending
the filing and resolution of |
22 | | post-judgment motions or an appeal.
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23 | | (b) The clerk of the court shall give notice of the entry |
24 | | of a judgment of dissolution
of marriage or legal separation or |
25 | | a declaration of invalidity of marriage:
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| | HB2537 Engrossed | - 3 - | LRB100 04116 HEP 18019 b |
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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
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9 | | Department; or
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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
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13 | | dissolution of marriage or legal separation or declaration |
14 | | of invalidity
of marriage in the appropriate record.
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15 | | (c) Unless the person whose marriage is dissolved or |
16 | | declared
invalid requests otherwise, the judgment under this |
17 | | Section shall contain a provision authorizing the person to |
18 | | resume the use of his or her former or maiden name, should he |
19 | | or she choose to do so, at any time he or she chooses to do so. |
20 | | Upon request by a wife whose marriage is dissolved or declared
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21 | | invalid, the court shall order her maiden name or a former name |
22 | | restored.
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23 | | (d) A judgment of dissolution of marriage or legal |
24 | | separation, if made, shall
be awarded to both of the parties, |
25 | | and shall provide that it affects the
status previously
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26 | | existing between the parties in the manner adjudged.
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