750 ILCS 5/801
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(750 ILCS 5/801)
(from Ch. 40, par. 801)
Sec. 801. Application. (a) This Act applies to all proceedings commenced on or
after its effective date.
(b) This Act applies to all pending actions and proceedings commenced prior to its
effective date with respect to issues on which a judgment has not been entered.
Evidence adduced after the effective date of this Act shall be in compliance
with this Act.
(c) This Act applies to all proceedings commenced after its effective
date for the modification
of a judgment or order entered prior to the effective date of this Act.
(d) In any action or proceeding in which an appeal was pending or a new trial was
ordered prior to the effective date of this Act, the law in effect at the
time of the order
sustaining the appeal or the new trial governs the appeal, the new trial,
and any subsequent trial or appeal. (e) On and after the effective date of this amendatory Act of the 99th General Assembly, the term "parenting time" is used in place of "visitation" with respect to time during which a parent is responsible for exercising caretaking functions and non-significant decision-making responsibilities concerning the child. On and after the effective date of this amendatory Act of the 99th General Assembly, the term "parental responsibility" is used in place of "custody" and related terms such as "custodial" and "custodian". It is not the intent of the General Assembly to modify or change the rights arising under any order entered concerning custody or visitation prior to the effective date of this amendatory Act of the 99th General Assembly.
(Source: P.A. 99-90, eff. 1-1-16.)
Notes of Decisions
Cited in 41
cases (16 in the last 5 years), 2016–2025 · leading case: In re Marriage of Carstens
In re Marriage of Carstens (2018)
“1, 2016) (amending 750 ILCS 5/801 ). As *190 amended by Public Act 99-90, section 801 provides in relevant part as follows: "(a) This Act applies to all proceedings commenced on or after its effective date.”
In re Marriage of Kasprzyk (2019)
“" 750 ILCS 5/801 (West 2016). The Second District concluded because both the petition to terminate or reduce maintenance and the amended petition were filed after the effective date of Public Act 99-90, the petition fell within section 801(c) and the changes effectuated by…”
In re Marriage of Wig (2020)
“” 750 ILCS 5/801(b) (West 2018). Courts considering this language have determined: “ ‘[T]he legislature attempted through section 801(b) to allow only those issues which had not been fully litigated prior to the effective date of the new [A]ct to be decided under the new law.”
In re Marriage of Andres (2021)
“750 ILCS 5/801 (West 2018). Section 801 in relevant part states: “(a) This Act applies to all proceedings commenced on or after its effective date.”
In re Marriage of Wendy S. (2020)
“1, 2016) (amending 750 ILCS 5/801). However, the custody judgment in this case was decided by the trial court prior to that update.”
In re Marriage of Brunke (2019)
“Section 801(c) (750 ILCS 5/801(c) (West 2016)) applied the 2016 revision to “proceedings *** that sought ‘the modification of a judgment or order entered prior to’ that date.”
In re Marriage of Benink (2018)
“That enactment contained, among other things, a provision adopting and adding to section 801 of the existing Act ( 750 ILCS 5/801 (West 2014) ). The provision stated that the new Act applied to (1) new proceedings commenced after January 1, 2016, (2) "pending actions and…”
In re Marriage of Asta (2016)
“750 ILCS 5/801(d) (West 2014); Smith, 162 Ill.”
In re Marriage of Ruvola (2017)
“See 750 ILCS 5/801(b) (West 2016) (“This Act applies to all pending actions and proceedings commenced prior to its effective date with respect to issues on which a judgment has not been entered.”
In re Marriage of Elliott (2019)
“” 750 ILCS 5/801(a)-(c) (West 2016). Under this provision, the new Act applies to proceedings commenced on or after January 1, 2016.”
In re Marriage of Kasprzyk (2019)
“” 750 ILCS 5/801(c) (West 2016). Marianne stresses the evidence supporting her petition was heard in 2017, the evidence closed in 2017, and the decision was rendered in 2017.”
In re Marriage of Salvatore (2019)
“” 750 ILCS 5/801(c) (West 2014); 750 ILCS 5/801(c) (West 2016).”
— 750 ILCS 5/801(a) — 7 cases
In re Marriage of Elliott (2019)
“” 750 ILCS 5/801(a)-(c) (West 2016). Under this provision, the new Act applies to proceedings commenced on or after January 1, 2016.”
In re Marriage of Benink (2019)
In re Marriage of Benink (2018)
“That enactment contained, among other things, a provision adopting and adding to section 801 of the existing Act ( 750 ILCS 5/801 (West 2014) ). The provision stated that the new Act applied to (1) new proceedings commenced after January 1, 2016, (2) "pending actions and…”
Augusewicz v. Drazkiwicz (2022)
Augusewicz v. Drazkiewicz (2022)
— 750 ILCS 5/801(b) — 10 cases
In re Marriage of Wig (2020)
“” 750 ILCS 5/801(b) (West 2018). Courts considering this language have determined: “ ‘[T]he legislature attempted through section 801(b) to allow only those issues which had not been fully litigated prior to the effective date of the new [A]ct to be decided under the new law.”
In re Marriage of Andres (2021)
“750 ILCS 5/801 (West 2018). Section 801 in relevant part states: “(a) This Act applies to all proceedings commenced on or after its effective date.”
In re Marriage of Ruvola (2017)
“See 750 ILCS 5/801(b) (West 2016) (“This Act applies to all pending actions and proceedings commenced prior to its effective date with respect to issues on which a judgment has not been entered.”
In re Marriage of Dynako (2020)
In re Marriage of Dynako (2020)
— 750 ILCS 5/801(c) — 13 cases
In re Marriage of Kasprzyk (2019)
“" 750 ILCS 5/801 (West 2016). The Second District concluded because both the petition to terminate or reduce maintenance and the amended petition were filed after the effective date of Public Act 99-90, the petition fell within section 801(c) and the changes effectuated by…”
In re Marriage of Wig (2020)
“” 750 ILCS 5/801(b) (West 2018). Courts considering this language have determined: “ ‘[T]he legislature attempted through section 801(b) to allow only those issues which had not been fully litigated prior to the effective date of the new [A]ct to be decided under the new law.”
In re Marriage of Brunke (2019)
“Section 801(c) (750 ILCS 5/801(c) (West 2016)) applied the 2016 revision to “proceedings *** that sought ‘the modification of a judgment or order entered prior to’ that date.”
In re Marriage of Kasprzyk (2019)
“” 750 ILCS 5/801(c) (West 2016). Marianne stresses the evidence supporting her petition was heard in 2017, the evidence closed in 2017, and the decision was rendered in 2017.”
In re Marriage of Salvatore (2019)
“” 750 ILCS 5/801(c) (West 2014); 750 ILCS 5/801(c) (West 2016).”
— 750 ILCS 5/801(d) — 3 cases
In re Marriage of Asta (2016)
“750 ILCS 5/801(d) (West 2014); Smith, 162 Ill.”
— 750 ILCS 5/801(e) — 2 cases
In re Marriage of Macias (2020)
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