{
  "id": 8500488,
  "name": "In re MARRIAGE OF DONNA J. DORKS, Petitioner-Appellant, and DARRELL D. DORKS, Respondent-Appellee",
  "name_abbreviation": "In re Marriage of Dorks",
  "decision_date": "1981-08-07",
  "docket_number": "No. 16877",
  "first_page": "1046",
  "last_page": "1047",
  "citations": [
    {
      "type": "official",
      "cite": "98 Ill. App. 3d 1046"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "82 N.E.2d 474",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "401 Ill. 489",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5307538
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/401/0489-01"
      ]
    },
    {
      "cite": "345 N.E.2d 493",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "63 Ill. 2d 128",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        5426498
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/63/0128-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 208,
    "char_count": 2511,
    "ocr_confidence": 0.865,
    "pagerank": {
      "raw": 6.770845263994211e-08,
      "percentile": 0.4131802664943014
    },
    "sha256": "1419452c8770a08e19257141a9230f13c747a3b4fa0bfd2cb0f66635917e2a49",
    "simhash": "1:7c5b02e73a4db7b5",
    "word_count": 415
  },
  "last_updated": "2023-07-14T20:11:15.436815+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "TRAPP, P. J., and LONDRIGAN, J., concur."
    ],
    "parties": [
      "In re MARRIAGE OF DONNA J. DORKS, Petitioner-Appellant, and DARRELL D. DORKS, Respondent-Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE WEBBER\ndelivered the opinion of the court:\nPetitioner filed for dissolution of her marriage and as part of the relief sought requested that her former name be restored to her. After taking the matter under advisement, the circuit court of Greene County denied her request, stating that where children were involved, their best interest required that the mother retain her married name. The custody of the three children of the marriage was awarded to petitioner who appeals only that portion of the dissolution order denying her the restoration of her former name.\nThe appellee has filed no brief in this court. However, the record is simple and the claimed error may be decided on the merits without such assistance. First Capitol Mortgage Corp. v. Talandis Construction Corp. (1976), 63 Ill. 2d 128, 345 N.E.2d 493.\nSection 413(c) of the Illinois Marriage and Dissolution of Marriage Act (Ill. Rev. Stat. 1979, ch. 40, par. 413(c)) provides: \u201cUpon request by a wife whose marriage is dissolved or declared invalid, the court shall order her maiden name or a former name restored.\u201d\nWe find this language simple and direct. In this context the word \u201cshall\u201d is mandatory and no qualifications to the request exist.\nUnder the former statute, section 16 of \u201cAn Act to revise the law in relation to divorce\u201d (Ill. Rev. Stat. 1975, ch. 40, par. 17), some discretion was allowed. That section stated: \u201cThe court, upon granting a woman1 a divorce from the bonds of matrimony, may allow her to resume her maiden name or the name of any former husband.\u201d\n\u201cMay\u201d carries with it the connotation of permission, but even permission was not held to be required in In re Will of Westerman (1948), 401 Ill. 489, 82 N.E.2d 474.\nBy changing the language from permissive to mandatory, the legislature indicated a clear intention to strip the trial court of any discretion in the matter.\nThe trial court was therefore in error in refusing petitioner\u2019s request.\nThat portion of the order of dissolution denying petitioner the restoration of her former name is reversed and the cause is remanded with directions to amend the order of dissolution accordingly.\nReversed and remanded with directions.\nTRAPP, P. J., and LONDRIGAN, J., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE WEBBER"
      }
    ],
    "attorneys": [
      "Elizabeth A. Silver, of Land of Lincoln Legal Assistance Foundation, Inc., of Alton, for appellant.",
      "No appearance for appellee."
    ],
    "corrections": "",
    "head_matter": "In re MARRIAGE OF DONNA J. DORKS, Petitioner-Appellant, and DARRELL D. DORKS, Respondent-Appellee.\nFourth District\nNo. 16877\nOpinion filed August 7, 1981.\nElizabeth A. Silver, of Land of Lincoln Legal Assistance Foundation, Inc., of Alton, for appellant.\nNo appearance for appellee."
  },
  "file_name": "1046-01",
  "first_page_order": 1070,
  "last_page_order": 1071
}