Post-Judgment Venue

     Sec. 512. Post-Judgment Venue.  After 30 days from the entry of a judgment of dissolution of marriage or the last modification thereof, any further proceedings to enforce or modify the judgment shall be as follows:
   (a)If the respondent does not then reside within this State, further proceedings shall be had either in the judicial circuit wherein the moving party resides or where the judgment was entered or last modified. 
   (b)If one or both of the parties then resides in the judicial circuit wherein the judgment was entered or last modified, further proceedings shall be had in the judicial circuit that last exercised jurisdiction I the matter; provided, however, that the court may, in its discretion, transfer matters involving a change in child custody to the judicial circuit where the minor or dependent child resides.
   (c)If neither party then resides in the judicial circuit wherein the judgment was entered or last modified, further proceedings shall be had in that circuit or in the judicial circuit wherein either party resides or where the respondent is actively employed; provided, however, that the court may, in its discretion, transfer matters involving a change in child custody to the judicial circuit where the minor or dependent child resides.
   (d) Objection to venue is waived if not made within such time as the respondent’s answer is due.  Counter relief shall be heard and determined by the court hearing any matter already pending.
(Source: P.A. 80-923.)

Case Law Related To Post-Judgment Venue

Construction
   This section is clear and unambiguous; inasmuch as the court enrolled a 30 day old custody order prior to 30 day time span elapsed from final dissolution of marriage, this was error.  In re Skinner

Enforcement of Decree
   The adoption of subsection (a) of this section, rendered obsolete the former procedure for enforcing a divorce decree entered in another county.  In re Hostetler

Registration Obsolete
   The former practice of registering a divorce decree has been rendered obsolete by the adoption of this section which provides that post-judgment venue of proceedings to enforce or modify a judgment “shall” be as provided in the statute.  In re Nelson

Transferred Action

___Jurisdiction
   There was no “transfer” of a McLean County dissolution action to Cook County where no order seeking a transfer was entered and where wife failed to comply with the procedure for enforcing a divorce decree entered in another county, as the latter court lacked personal jurisdiction over husband.  In re Hostetler

Venue

___Mandatory
   The word “shall” in subsection (b) of this section is mandatory; the legislature granted discretion to a court only to “transfer matters involving a change in child custody” and since this statue permits the exercise of discretion only in the one specified matter, its provision that other post-judgment proceedings shall be in the judicial circuit which last exercised jurisdiction in the matter must be viewed as mandatory.  In re Nelson

___Waiver
   Venue of the county court to grant visitation privileges to the maternal grandparents issue was waived under subsection (d) of this section where no timely objection was made.  Hawkins v. Hawkins   

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