101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4159

 

Introduced 1/22/2020, by Rep. Joyce Mason

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 5/403.5 new

    Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a court shall not recognize and enforce an order entered by a foreign court for dissolution of marriage on the basis of comity if a party named in the foreign dissolution of marriage did not receive appropriate notice of the proceedings in the foreign country. Provides that if appropriate notice of a foreign dissolution of marriage was not received by a named party, the party may file a petition for dissolution of marriage regardless of any judgment entered by the foreign country. Effective immediately.


LRB101 15690 LNS 65045 b

 

 

A BILL FOR

 

HB4159LRB101 15690 LNS 65045 b

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 Illinois Marriage and Dissolution of
5Marriage Act is amended by adding Section 403.5 as follows:
 
6    (750 ILCS 5/403.5 new)
7    Sec. 403.5. Comity for dissolution of marriage. A court
8shall not recognize and enforce an order entered by a foreign
9court for dissolution of marriage on the basis of comity if a
10party named in the foreign dissolution of marriage did not
11receive appropriate notice, under the laws of this State, of
12the proceedings in the foreign country. If appropriate notice
13of a foreign dissolution of marriage was not received by a
14named party, the party may file a petition under this Act for
15dissolution of marriage regardless of any judgment entered by
16the foreign country.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.