In re Marriage of Spirer, 2021 IL App (2d) 200560-U

- Case citation and parties
In re Marriage of Spirer, 2021 IL App (2d) 200560‑U (Ill. App. Ct. 2d Dist. Feb. 18, 2021) (Rule 23 order). Petitioner‑Appellant: David J. Spirer. Respondent‑Appellee: Robyn Spirer.

- Key legal issues
1) Whether an Illinois trial court may refuse to accept/enroll a foreign (Missouri) dissolution judgment under 750 ILCS 5/511(c) based on a marital‑settlement clause that purports to keep jurisdiction in the original state.
2) The interplay between the enrollment procedure in the Illinois Marriage and Dissolution of Marriage Act (§511) and the Uniform Child‑Custody Jurisdiction and Enforcement Act (UCCJEA) registration/continuing‑jurisdiction rules (750 ILCS 36).

- Holding / outcome
The appellate court reversed and remanded: the trial court erred in denying petitioner’s petition to enroll the Missouri dissolution judgment in Lake County, Illinois.

- Significant legal reasoning (concise)
The court treated the dispute as one of statutory construction. Section 511(c) of the Illinois Dissolution Act provides the procedural mechanism for a party to commence post‑judgment proceedings to enforce or modify an out‑of‑state divorce/custody judgment by filing a petition to enroll that judgment. The appellate court concluded the trial court improperly denied enrollment on the grounds that the parties’ marital agreement designated Missouri as the continuing forum and that petitioner had engaged in forum shopping (having filed and voluntarily dismissed a prior Missouri petition after a GAL appointment). The panel emphasized that the section 511 enrollment procedure is the correct statutory vehicle and that forum‑selection language or allegations of forum shopping do not authorize a blanket refusal to accept/enroll a foreign judgment under the statutory scheme; jurisdictional and substantive issues (including UCCJEA questions about home state/continuing exclusive jurisdiction) should be addressed after proper enrollment/registration and according to the UCCJEA framework.

- Practice implications for litigators
- Follow §511(c) enrollment procedures precisely (attach foreign judgment, notify issuing court clerk, plead grounds). Enrollment is the gateway to raise jurisdictional or substantive defenses in Illinois; courts should not summarily refuse enrollment based solely on forum‑selection clauses or forum‑shopping allegations.
- Preserve and develop the UCCJEA record (residency, home‑state facts) — enrollment does not eliminate subsequent UCCJEA analysis of which forum may properly decide custody.
- Be prepared to respond to (or assert) forum‑selection clauses, GAL appointments, and prior filings — but litigants should use enrollment to obtain Illinois court access rather than rely on forum‑selection language to defeat statutory enrollment.
- Note: this is a Rule 23 non‑precedential order; useful persuasive guidance but not binding precedent.