H.F. 544 Section 1. Section 598.16, Code 2019, is amended to read as 1 follows: 2 598.16 Conciliation —— domestic relations divisions. 3 1. A majority of the judges in any judicial district, with 4 the cooperation of any county board of supervisors in the 5 district, may establish a domestic relations division of the 6 district court of the county where the board is located. The 7 division shall offer counseling and related services to persons 8 before the court. 9 2. Except as provided in subsection 7 , upon the application 10 of the petitioner in the petition or by the respondent in the 11 responsive pleading to the petition, or within twenty days of 12 appointment of an attorney appointed under section 598.12A , the 13 The court shall may on its own motion require the parties to 14 participate in conciliation efforts for a period of sixty days 15 from or less following the issuance of an order setting forth 16 the conciliation procedure and the conciliator. In making a 17 determination under this section, the court shall consider all 18 relevant factors including but not limited to whether a history 19 of abuse or violence exists. 20 3. At any time upon its own motion or upon the application 21 of a party the court may require the parties to participate 22 in conciliation efforts for sixty days or less following the 23 issuance of such an order. 24 4. 3. Every order for conciliation shall require the 25 conciliator to file a written report by a date certain which 26 shall state the conciliation procedures undertaken and such 27 other matters as may have been required by the court. The 28 report shall be a part of the record unless otherwise ordered 29 by the court. Such conciliation procedure may include but is 30 not limited to referrals to the domestic relations division 31 of the court, if established, public or private marriage 32 counselors, family service agencies, community health centers, 33 physicians and clergy. 34 5. 4. The costs of conciliation procedures shall be paid 35 -1- LSB 2468YH (4) 88 pf/rh 1/ 4

H.F. 544 in full or in part by the parties and taxed as court costs; 1 however, if the court determines that the parties will be 2 unable to pay the costs without prejudicing their financial 3 ability to provide themselves and any minor children with 4 economic necessities, the costs may be paid in full or in part 5 by the county. 6 6. 5. Persons providing counseling and other services 7 pursuant to this section are not court employees, but are 8 subject to court supervision. 9 7. Upon application, the court shall grant a waiver from 10 the requirements of this section if a party demonstrates that 11 a history of elder abuse, as defined in section 235F.1 , or 12 domestic abuse, as defined in section 236.2 , exists. 13 a. In determining whether a history of elder abuse exists, 14 the court’s consideration shall include but is not limited 15 to commencement of an action pursuant to section 235F.2 , the 16 issuance of a court order or consent agreement pursuant to 17 section 235F.6 , the issuance of an emergency order pursuant to 18 section 235F.7 , the holding of a party in contempt pursuant to 19 section 664A.7 , the response of a peace officer to the scene 20 of alleged elder abuse, or the arrest of a party following 21 response to a report of alleged elder abuse. 22 b. In determining whether a history of domestic abuse 23 exists, the court’s consideration shall include but is not 24 limited to commencement of an action pursuant to section 236.3 , 25 the issuance of a protective order against a party or the 26 issuance of a court order or consent agreement pursuant to 27 section 236.5 , the issuance of an emergency order pursuant to 28 section 236.6 , the holding of a party in contempt pursuant to 29 section 664A.7 , the response of a peace officer to the scene 30 of alleged domestic abuse or the arrest of a party following 31 response to a report of alleged domestic abuse, or a conviction 32 for domestic abuse assault pursuant to section 708.2A . 33 Sec. 2. Section 598.19, Code 2019, is amended to read as 34 follows: 35 -2- LSB 2468YH (4) 88 pf/rh 2/ 4

H.F. 544 598.19 Waiting period before decree. 1 No decree dissolving a marriage shall be granted in any 2 proceeding before ninety days shall have elapsed from the 3 day the original notice is served, or from the last day 4 of publication of notice, or from the date that waiver or 5 acceptance of original notice is filed or until after any 6 court-ordered conciliation is completed, whichever period 7 shall be longer. However, the court may in its discretion, on 8 written motion supported by affidavit setting forth grounds 9 of emergency or necessity and facts which satisfy the court 10 that immediate action is warranted or required to protect the 11 substantive rights or interests of any party or person who 12 might be affected by the decree, hold a hearing and grant a 13 decree dissolving the marriage prior to the expiration of the 14 applicable period, provided that requirements of notice have 15 been complied with. In such case the grounds of emergency or 16 necessity and the facts with respect thereto shall be recited 17 in the decree unless otherwise ordered by the court. The 18 court may enter an order finding the respondent in default and 19 waiving any court-ordered conciliation when the respondent has 20 failed to file an appearance within the time set forth in the 21 original notice. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill provides that the court, on its own motion, may 26 require the parties to a dissolution of marriage participate in 27 conciliation efforts for a period of 60 days or less following 28 the issuance of an order setting forth the conciliation 29 procedure and the conciliator. Current law requires the 30 court to order the parties to participate in conciliation 31 upon the application of the petitioner in the petition or by 32 the respondent in the responsive pleading to the petition, or 33 within 20 days of appointment of an attorney. The bill also 34 eliminates the specific provisions requiring the court to grant 35 -3- LSB 2468YH (4) 88 pf/rh 3/ 4

H.F. 544 a waiver of mandatory participation in conciliation based on a 1 history of elder abuse or domestic abuse since participation 2 in conciliation is no longer mandatory. Instead, the bill 3 requires that the court, in making its determination whether to 4 require participation in conciliation efforts, shall consider 5 all relevant factors including but not limited to whether a 6 history of abuse or violence exists. 7 -4- LSB 2468YH (4) 88 pf/rh 4/ 4