750 ILCS 5/413
Judgment
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(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. (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. 101-203, eff. 1-1-20; 102-1133, eff. 1-1-24.)
(750 ILCS 5/Pt. IV-A heading) PART IV-A
JOINT SIMPLIFIED DISSOLUTION PROCEDURE
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Notes of Decisions
Cited in 15
cases (2 in the last 5 years), 1996–2022 · leading case: In Re Marriage of Ackerley
In Re Marriage of Ackerley (2002)
“The trial court held that section 413(a) of the Act (750 ILCS 5/413(a) (West 2000)) precluded staying the enforcement of an order directing the payment of child support pending an appeal.”
In Re Marriage of Selinger (2004)
“We are not complaining about any mistakes made by the trial court; we are complaining simply about the result it reached. Finally, I disagree with the majority's decision to make its increase in maintenance retroactive.”
In Re Marriage of Michaelson (2005)
“750 ILCS 5/413(a) (West 2002). He asked to be allowed to deposit prospective maintenance payments in a trust account or for a preliminary injunction against Anna.”
In Re Marriage of Petersen (2001)
“Section 413(a) of the Act provides in pertinent part: “[a]n order directing payment of money for support or maintenance of the spouse or the minor child or children shall not be suspended or the enforcement thereof stayed pending appeal.”
People v. Davis (1996)
“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…”
In Re Marriage of Lehr (2000)
“” 750 ILCS 5/413(a) (West 1992). However, Louis provides absolutely no coherent explanation of how a statute which prohibits a court from suspending or staying a maintenance order pending an appeal grants him a vested right in the reduced payment on remand after an order…”
In Re Marriage of Lindsey-Robinson (2002)
“” 750 ILCS 5/413(a) (West 2000). Because Debra did not file her petition for attorney fees until after the judgment for dissolution was entered in this matter, her petition was clearly untimely pursuant to section 503® of the Act.”
In re Marriage of Cozzi-DiGiovanni (2014)
“” 750 ILCS 5/413(a) (West 2000); Marriage of Lindsey-Robinson, 331 Ill.”
In re Marriage of Cozzi-Digiovanni (2014)
“" 750 ILCS 5/413(a) (West 2000); Marriage of Lindsey-Robinson, 331 Ill.”
In re The Marriage of Browne (2021)
“) 750 ILCS 5/413(a) (West 2018). That same section states, however, that “[a]n 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…”
In re Marriage of Montana (2022)
“” 750 ILCS 5/413 (West 2016). She also contends that the unresolved fee petitions were waived under section 503(j) because a hearing on the petitions was not conducted before the circuit court entered the judgment of dissolution.”
In re Marriage of Ackerley (2002)
“The trial court held that section 413(a) of the Act (750 ILCS 5/413(a) (West 2000)) precluded staying the enforcement of an order directing the payment of child support pending an appeal.”
— 750 ILCS 5/413(a) — 14 cases
In Re Marriage of Ackerley (2002)
“The trial court held that section 413(a) of the Act (750 ILCS 5/413(a) (West 2000)) precluded staying the enforcement of an order directing the payment of child support pending an appeal.”
In Re Marriage of Selinger (2004)
“We are not complaining about any mistakes made by the trial court; we are complaining simply about the result it reached. Finally, I disagree with the majority's decision to make its increase in maintenance retroactive.”
In Re Marriage of Michaelson (2005)
“750 ILCS 5/413(a) (West 2002). He asked to be allowed to deposit prospective maintenance payments in a trust account or for a preliminary injunction against Anna.”
In Re Marriage of Petersen (2001)
“Section 413(a) of the Act provides in pertinent part: “[a]n order directing payment of money for support or maintenance of the spouse or the minor child or children shall not be suspended or the enforcement thereof stayed pending appeal.”
In Re Marriage of Lehr (2000)
“” 750 ILCS 5/413(a) (West 1992). However, Louis provides absolutely no coherent explanation of how a statute which prohibits a court from suspending or staying a maintenance order pending an appeal grants him a vested right in the reduced payment on remand after an order…”
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