S.F. 235 Section 1. Section 598.5, subsection 1, Code 2019, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . l. State whether a history of domestic abuse 3 exists as specified in section 598.41, subsection 3, paragraph 4 “j” . 5 Sec. 2. NEW SECTION . 598.8A Expedited process —— domestic 6 abuse. 7 1. The supreme court shall establish, and prescribe 8 rules for, an expedited dissolution proceedings process if 9 a petitioner alleges in the petition filed pursuant to 10 section 598.5, that a history of domestic abuse exists as 11 specified in section 598.41, subsection 3, paragraph “j” , and 12 establishes the allegations by competent evidence. Pursuant 13 to the expedited process, the court may waive the waiting 14 period pursuant to section 598.19, subsection 1, and grant a 15 dissolution decree within sixty days of the day the original 16 notice is served, within sixty days from the last day of 17 publication of notice, or within sixty days of the day the 18 original notice is served by alternative means, as provided in 19 section 598.19, subsection 2. 20 2. The process established and the rules prescribed 21 pursuant to subsection 1 shall address all of the following: 22 a. The process for an expedited hearing. 23 b. An option for publication of notice or other means 24 of service if, following good faith efforts on the part of 25 the petitioner, a respondent evades necessary service of the 26 original notice or other documents. 27 c. Unnecessary delay by the respondent including those 28 related to pretrial processes and proceedings, discovery, and 29 hearings. 30 d. Excessive or frivolous filings or motions by the 31 respondent, which may be addressed by requiring that for any 32 motion or filing by the respondent, a response is not required 33 from the petitioner until the judge reviews the motion for 34 merit and, based upon the judge’s conclusions, determines 35 -1- LSB 1584XS (4) 88 pf/rh 1/ 5

S.F. 235 whether to request a response from the petitioner. 1 e. Attempts to relitigate issues or agreements previously 2 decided. 3 f. Abuse of the discovery process by the respondent 4 in a manner which intimidates, embarrasses, harasses, or 5 impoverishes the petitioner. 6 g. The making of false reports against the petitioner. 7 h. Attempts by the respondent to require additional court 8 appearances to force contact by the petitioner with the 9 respondent. 10 i. Other tactics used by the respondent that are without 11 factual support or legal merit but are instead used to control, 12 harass, intimidate, coerce, or impoverish the petitioner. 13 Sec. 3. Section 598.19, Code 2019, is amended to read as 14 follows: 15 598.19 Waiting period before decree. 16 1. No decree dissolving a marriage shall be granted in 17 any proceeding before ninety days shall have elapsed from 18 the day the original notice is served, or from the last 19 day of publication of notice, or from the date that waiver 20 or acceptance of original notice is filed or until after 21 conciliation is completed, whichever period shall be longer. 22 However, the court may in its discretion, on written motion 23 supported by affidavit setting forth grounds of emergency or 24 necessity and facts which satisfy the court that immediate 25 action is warranted or required to protect the substantive 26 rights or interests of any party or person who might be 27 affected by the decree, hold a hearing and grant a decree 28 dissolving the marriage prior to the expiration of the 29 applicable period, provided that requirements of notice have 30 been complied with. In such case the grounds of emergency or 31 necessity and the facts with respect thereto shall be recited 32 in the decree unless otherwise ordered by the court. The 33 court may enter an order finding the respondent in default and 34 waiving conciliation when the respondent has failed to file an 35 -2- LSB 1584XS (4) 88 pf/rh 2/ 5

S.F. 235 appearance within the time set forth in the original notice. 1 2. As provided in section 598.8A, the court shall waive 2 the waiting period otherwise required to elapse prior to the 3 granting of a decree dissolving a marriage under subsection 4 1 and may grant a dissolution decree within sixty days from 5 the day the original notice is served, within sixty days from 6 the last day of publication of notice, or within sixty days 7 from the day alternative notice is provided, if the petitioner 8 alleges in the petition that a history of domestic abuse exists 9 as specified in section 598.41, subsection 3, paragraph “j” , and 10 establishes the allegations by competent evidence. 11 Sec. 4. TASK FORCE ON DOMESTIC RELATIONS PROCEEDINGS AND 12 DOMESTIC ABUSE. The supreme court shall establish a domestic 13 relations proceedings and domestic abuse task force to identify 14 best practices for court processes and proceedings in domestic 15 relations matters to address the needs of parties confronting 16 domestic abuse and to reduce abusive litigation. The task 17 force shall at a minimum do all of the following: 18 1. Recommend changes in processes and court rules to address 19 the abusive litigation tactics used to intimidate, embarrass, 20 harass, impoverish, or otherwise continue to abuse a party to 21 a domestic relations proceeding, including but not limited to 22 evasion of service of process; unnecessary delay; excessive or 23 frivolous filings or motions; abuse of the discovery process to 24 intimidate, embarrass, or harass the other party; the making of 25 false reports against the other party; and requiring additional 26 court appearances to force contact with the other party. 27 2. Consider recommending the adoption of a one family–one 28 judge assignment for the duration of domestic relations cases 29 that involve parties with a history of domestic abuse and the 30 establishment of domestic violence specialty courts to enhance 31 victim safety and improve offender accountability. 32 3. Consider recommending sanctions, beyond verbal 33 admonishment or contempt, such as payment of attorney fees 34 and court costs, to be imposed on parties who utilize abusive 35 -3- LSB 1584XS (4) 88 pf/rh 3/ 5

S.F. 235 litigation tactics. 1 4. Make recommendations for the education of judges, court 2 personnel, attorneys, and others involved in domestic relations 3 processes and proceedings in which the parties have a history 4 of domestic abuse to address the needs of the abused party and 5 to avoid, recognize, and respond to abusive litigation. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to domestic relations proceedings 10 involving parties with a history of domestic abuse. 11 The bill provides for an expedited process in dissolution 12 of marriage proceedings involving parties with a history of 13 domestic abuse. If a party states that a history of domestic 14 abuse exists in the petition for dissolution of marriage and 15 establishes the allegations by competent evidence, the court 16 shall provide for an expedited process and hearing, and shall 17 waive the standard 90-day waiting period for the granting of 18 a dissolution decree, and instead provide for the granting of 19 the decree within 60 days of the day the original notice is 20 served, from the last day of publication of notice, or from 21 the day service is provided by alternate means. The bill 22 directs the supreme court to establish, and prescribe rules 23 for, the expedited dissolution process, and specifies minimum 24 areas that the court shall address in the process and the rules 25 prescribed. 26 The bill also directs the supreme court to establish a 27 domestic relations proceedings and domestic abuse task force 28 to identify best practices for court processes and proceedings 29 in domestic relations matters to address the needs of parties 30 confronting domestic abuse and to reduce abusive litigation. 31 The bill provides that at a minimum, the task force shall 32 recommend changes in processes and court rules to address 33 abusive litigation tactics used to intimidate, embarrass, 34 harass, impoverish, or otherwise continue to abuse a party 35 -4- LSB 1584XS (4) 88 pf/rh 4/ 5

S.F. 235 to a domestic relations proceeding; consider recommending 1 the adoption of a one family–one judge assignment for the 2 duration of domestic relations cases involving parties with a 3 history of domestic abuse and the establishment of domestic 4 violence courts to enhance victim safety and improve offender 5 accountability; consider recommending sanctions to be imposed 6 on parties who utilize abusive litigation tactics; and make 7 recommendations for the education of judges, court personnel, 8 attorneys, and others involved in domestic relations processes 9 and proceedings involving parties with a history of domestic 10 abuse to address the needs of the abused party and to avoid, 11 recognize, and respond to abusive litigation. 12 -5- LSB 1584XS (4) 88 pf/rh 5/ 5