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House File 2473

Partial Bill History

• Bill Introduced: H.J. 594
• Complete Bill History

Bill Text

PAG LIN
  1  1                           DIVISION I
  1  2                       SUBSTANTIVE CHANGES
  1  3    Section 1.  NEW SECTION.  422.12F  PREMARITAL COUNSELING
  1  4 CREDIT.
  1  5    If a married couple participated in premarital counseling
  1  6 as provided in section 595.20, and demonstrates participation
  1  7 in the counseling by submission of a sworn affidavit by the
  1  8 counselor providing the services, the taxes imposed under this
  1  9 division for the year in which the marriage took place shall,
  1 10 in addition to any other reductions permitted under this
  1 11 division, be reduced by the actual cost of the counseling
  1 12 services not to exceed one hundred dollars.  Individuals who
  1 13 are married but elect to file separate returns or who file
  1 14 separately on a combined return form must allocate the credit
  1 15 between the spouses in the ratio which each spouse's Iowa
  1 16 source net income bears to the combined Iowa source net income
  1 17 of both taxpayers.  Any credit in excess of the tax liability
  1 18 shall be refunded.  In lieu of claiming a refund, a taxpayer
  1 19 may elect to have the overpayment shown on the taxpayer's
  1 20 final, completed return credited to the tax liability for the
  1 21 following taxable year.
  1 22    Sec. 2.  NEW SECTION.  422.12G  EARLY MARRIAGE COUNSELING
  1 23 CREDIT.
  1 24    If a married couple participated in early marriage
  1 25 counseling as provided in section 595.21, and demonstrates
  1 26 participation in the counseling by submission of a sworn
  1 27 affidavit by the counselor providing the services, the taxes
  1 28 imposed under this division shall, in addition to any other
  1 29 reductions permitted under this division, be reduced by the
  1 30 actual cost of the counseling services not to exceed five
  1 31 hundred dollars over the course of the five-year period.  The
  1 32 credit may be taken in one year or may be taken over the
  1 33 course of a five-year period.  Individuals who are married but
  1 34 elect to file separate returns or who file separately on a
  1 35 combined return form must allocate the credit between the
  2  1 spouses in the ratio which each spouse's Iowa source net
  2  2 income bears to the combined Iowa source net income of both
  2  3 taxpayers.  Any credit in excess of the tax liability shall be
  2  4 refunded.  In lieu of claiming a refund, a taxpayer may elect
  2  5 to have the overpayment shown on the taxpayer's final,
  2  6 completed return credited to the tax liability for the
  2  7 following taxable year.
  2  8    Sec. 3.  NEW SECTION.  595.3A  RIGHTS AND OBLIGATIONS –
  2  9 NOTIFICATION.
  2 10    1.  Upon the filing of an application for a license to
  2 11 marry and prior to the issuance of a license to marry, all of
  2 12 the following conditions shall be met:
  2 13    a.  The clerk of the district court shall provide the
  2 14 applicants with written notice of the legal rights and
  2 15 obligations incident to marriage and divorce.
  2 16    b.  The applicants shall attend a program designed to
  2 17 provide information regarding the legal rights and obligations
  2 18 incident to marriage and divorce or shall view a videotape
  2 19 covering these topics.
  2 20    2.  The judicial council shall make recommendations to the
  2 21 supreme court regarding the written information, the program,
  2 22 and the videotape for applicants for a license to marry.  The
  2 23 supreme court shall prescribe rules based upon these
  2 24 recommendations for the implementation and administration of
  2 25 the written information, the program, and the videotape.  The
  2 26 rules prescribed shall include, at a minimum, all of the
  2 27 following:
  2 28    a.  That the content of the information provided through
  2 29 the written document, the program, and the videotape shall
  2 30 include all of the following:
  2 31    (1)  The legal rights and obligations of each party to a
  2 32 marriage or divorce relative to agreements, arrangements, or
  2 33 transactions entered into by either party prior to or during
  2 34 the marriage including but not limited to insurance coverage
  2 35 and consumer credit transactions.
  3  1    (2)  Inheritance rights.
  3  2    (3)  Support obligations during the marriage.
  3  3    (4)  Ownership of property, both real and personal, whether
  3  4 existing prior to the marriage or acquired or received by
  3  5 either party during the marriage.
  3  6    (5)  The effect of a premarital agreement.
  3  7    (6)  Support obligations which may be imposed following a
  3  8 divorce.
  3  9    (7)  Distribution of property pursuant to a divorce decree.
  3 10    (8)  Arrangements for awarding of custody and provision of
  3 11 support for minor children pursuant to a divorce decree.
  3 12    b.  A requirement that the written document, the program,
  3 13 and the videotape provide a means for evaluation by the
  3 14 recipients or participants.  Each judicial district shall
  3 15 submit an annual evaluation report to the judicial council
  3 16 based upon the responses received from the recipients or
  3 17 participants.
  3 18    c.  A provision that a judicial district may administer the
  3 19 program or the videotape through a contract with a private or
  3 20 public entity.  The services provided under a contract shall
  3 21 meet all of the criteria specified in paragraph "a".
  3 22    3.  Each judicial district shall establish a process to
  3 23 provide applicants for a license to marry with the written
  3 24 notice of the legal rights and obligations incident to
  3 25 marriage and to divorce and with information regarding
  3 26 required participation in the program or required viewing of
  3 27 the videotape.  The written notice and information regarding
  3 28 the program and videotape shall be provided through the office
  3 29 of the clerk of the district court.
  3 30    4.  Each applicant for a license to marry shall be
  3 31 responsible for making arrangements to participate in the
  3 32 program or to view the videotape, and each applicant shall
  3 33 participate in the program or view the videotape at the
  3 34 applicant's own expense.
  3 35    5.  Each applicant shall be provided with a certificate
  4  1 following completion of the program or following the viewing
  4  2 of the videotape.  The certificate constitutes evidence of
  4  3 participation or viewing and shall be submitted by an
  4  4 applicant to the clerk of the district court prior to the
  4  5 issuance of a license to marry.
  4  6    Sec. 4.  NEW SECTION.  595.20  PREMARITAL COUNSELING.
  4  7    1.  "Premarital counseling" means one or more meetings,
  4  8 totalling at least six hours, between two parties, who are
  4  9 eligible to enter into a marriage contract and have either
  4 10 made application for a marriage license or intend to apply for
  4 11 a marriage license, and one or more neutral parties for
  4 12 purposes of discussing the rights, expectations, needs,
  4 13 obligations, and other commitments incident to the marriage
  4 14 contract, including, but not limited to, discussion about
  4 15 children, finances, relationships with new family members,
  4 16 sex, religion, roles, and communication and conflict
  4 17 resolution skills.
  4 18    2.  In the course of premarital counseling, the parties and
  4 19 the counselor shall evaluate the parties' compatibility as a
  4 20 couple and their commitment to one another.
  4 21    3.  Premarital counseling may be provided by any or a
  4 22 combination of any of the following:
  4 23    a.  A member of the clergy.
  4 24    b.  Staff of a church or other religious organization with
  4 25 training in premarital counseling.
  4 26    c.  A trained or certified counselor.
  4 27    Sec. 5.  NEW SECTION.  595.21  EARLY MARRIAGE COUNSELING.
  4 28    1.  "Early marriage counseling" means one or more meetings,
  4 29 during the first five years of a marriage, between the two
  4 30 married parties, and one or more neutral parties for purposes
  4 31 of discussing the rights, expectations, needs, obligations,
  4 32 and other commitments incident to the marriage contract,
  4 33 including, but not limited to, discussion about children,
  4 34 finances, relationships with family members, sex, religion,
  4 35 roles, and communication and conflict resolution skills.
  5  1    2.  Early marriage counseling may be provided by any or a
  5  2 combination of any of the following:
  5  3    a.  A member of the clergy.
  5  4    b.  Staff of a church or other religious organization
  5  5 trained in marriage counseling.
  5  6    c.  A trained or certified counselor.
  5  7    Sec. 6.  Section 598.1, Code 1995, is amended by striking
  5  8 the section and inserting in lieu thereof the following:
  5  9    598.1  LEGISLATIVE FINDINGS AND INTENT.
  5 10    The general assembly of the state of Iowa finds that the
  5 11 family is the unit of self-government best able to teach and
  5 12 practice the virtues that benefit not only the members of the
  5 13 family, but also all citizens of this state and of this
  5 14 country.  The general assembly further finds that the
  5 15 institution of marriage embodies virtues which promote
  5 16 societal stability, including loyalty, commitment, trust,
  5 17 mutual support, faithfulness, self-sacrifice, adherence to
  5 18 duty, hope, and love.  The general assembly also finds that
  5 19 the integrity and permanence of the marriage relationship is
  5 20 of vital importance to the welfare of society and of the
  5 21 people of the state of Iowa.
  5 22    The general assembly finds that vast social, financial, and
  5 23 human costs have resulted from the breakup of families.  Crime
  5 24 and disrespect for authority derive in large part from the
  5 25 breakdown of authority within the family unit which, in turn,
  5 26 is largely a result of divorce and births outside of wedlock
  5 27 and the separation of parents from their children.  Police,
  5 28 courts, schools, social agencies, state government, and
  5 29 private volunteer groups can provide, at best, only secondary
  5 30 assistance in child rearing or the regulation of human
  5 31 relationships and then only at increasingly prohibitive costs.
  5 32 Furthermore, social science demonstrates that divorced spouses
  5 33 and their children suffer severe declines in financial status
  5 34 and are much more susceptible to depression and other mental
  5 35 health problems than are persons involved in stable marriages.
  6  1 Additionally, incidents of child abuse occur in
  6  2 disproportionately great numbers at the hands of individuals
  6  3 living in households in which the individuals are not the
  6  4 parents of the abused child.
  6  5    Consequently, the general assembly concludes that divorce
  6  6 should be discouraged and that the institution of marriage
  6  7 requires strengthening and that, as a matter of state policy
  6  8 and legal presumption, the laws of this state should be
  6  9 construed to strongly support the formation, existence,
  6 10 continuation, and permanency of marital relationships, and
  6 11 should be construed to discourage the dissolution,
  6 12 infringement, or inhibition of marriages.
  6 13    It is therefore the intent of the general assembly that
  6 14 this chapter be construed to effectuate the following
  6 15 purposes:
  6 16    1.  To promote the best interests of children by assuring
  6 17 that as many children as possible are under the direct care,
  6 18 parental supervision, and custody of both their mothers and
  6 19 their fathers.
  6 20    2.  To promote the best interests of Iowa taxpayers and
  6 21 citizens, by reducing the burden of social and human costs
  6 22 generated by the breaking up of families and homes which
  6 23 results from divorce.
  6 24    3.  To promote the best interests of men and women, both as
  6 25 individuals owing legal and moral duties to one another and as
  6 26 participants in the institution of marriage, by furthering
  6 27 policies which support the parties' marital vows, mental and
  6 28 financial well-being, and social responsibility.
  6 29    Sec. 7.  NEW SECTION.  598.1A  DEFINITIONS.
  6 30    As used in this chapter, unless the context otherwise
  6 31 requires:
  6 32    1.  "Best interest of the child" includes, but is not
  6 33 limited to, the opportunity for maximum continuous physical
  6 34 and emotional contact possible with both parents, unless
  6 35 direct physical or significant emotional harm to the child may
  7  1 result from this contact.  Refusal by one parent to provide
  7  2 this opportunity without just cause shall be considered
  7  3 harmful to the best interest of the child.
  7  4    2.  "Divorce" means the dissolving of a marriage
  7  5 relationship by an order or decree of a court of competent
  7  6 jurisdiction.
  7  7    3.  "Family" means the social unit comprising a husband,
  7  8 wife, and any dependent children, including stepchildren and
  7  9 adoptive children.
  7 10    4.  "Household" means the social unit comprising an
  7 11 individual or individuals exercising legal authority together
  7 12 with others related by consanguinity or affinity, living
  7 13 together in the same home under authority of a designated
  7 14 head.
  7 15    5.  "In-kind support" means care of any minor children and
  7 16 maintenance of the marital home.
  7 17    6.  "Joint custody" or "joint legal custody" means an award
  7 18 of custody of a minor child to both parents under which both
  7 19 parents have rights and responsibilities toward the child and
  7 20 under which neither parent has rights superior to those of the
  7 21 other parent.  The court may award physical care to one parent
  7 22 only.
  7 23    7.  "Legitimate objects of matrimony" means fundamental
  7 24 reasons and purposes for entering and continuing in a marriage
  7 25 relationship, including, but not limited to, the following:
  7 26    a.  Procreation and the raising of children.
  7 27    b.  Protection of the other spouse and any children from
  7 28 harm.
  7 29    c.  Providing for the needs of the other spouse and any
  7 30 children.
  7 31    d.  Establishment of a marital home.
  7 32    e.  The advancement of the best interests of both spouses
  7 33 and any children.
  7 34    f.  Love, companionship, comfort, physical care and
  7 35 assistance, and other forms of consortium between the spouses
  8  1 and any children.
  8  2    g.  Sexual relations between spouses.
  8  3    8.  "Marital home" means the residence established by a
  8  4 husband and wife which is, or is intended to be, the residence
  8  5 for both spouses and any children of the marriage.
  8  6    9.  "Marriage" is the legal relationship between a man and
  8  7 a woman and excluding all others, which is established by a
  8  8 civil contract between them as a voluntary social, legal,
  8  9 physical, familial, and economic unit for life, for the
  8 10 discharge of the duties imposed by the marriage contract and
  8 11 for the joint pursuit of the legitimate objects of matrimony.
  8 12    10.  "Minor child" means any person under legal age.
  8 13    11.  "Physical care" means the right and responsibility to
  8 14 maintain the principal home of the minor child and provide for
  8 15 the routine care of the child.
  8 16    12.  "Residence" means a fixed or permanent abode in which
  8 17 a person lives and to which the person, after being absent,
  8 18 returns or intends to return.
  8 19    13.  "Separate maintenance" means an allowance granted to
  8 20 one spouse for support during the period in which the spouses
  8 21 are living apart, in separate households.
  8 22    14.  "Support" means the duty owed by a spouse to another,
  8 23 or by a parent to a child, to advance the general welfare of
  8 24 the support recipient and includes, but is not limited to,
  8 25 provision of food, clothing, shelter, and other necessaries of
  8 26 life.  Support may be fixed by court order in the form of
  8 27 periodic cash support payments.  The obligations may include
  8 28 support for a child who is between the ages of eighteen and
  8 29 twenty-two years who is regularly attending an accredited
  8 30 school in pursuance of a course of study leading to a high
  8 31 school diploma or its equivalent, or regularly attending a
  8 32 course of vocational-technical training either as a part of a
  8 33 regular school program or under special arrangements adapted
  8 34 to the individual person's needs; or is, in good faith, a
  8 35 full-time student in a college, university, or community
  9  1 college; or has been accepted for admission to a college,
  9  2 university, or community college and the next regular term has
  9  3 not yet begun; or a child of any age who is dependent on the
  9  4 parties to the divorce proceedings because of physical or
  9  5 mental disability.
  9  6    15.  "Support payments" means an amount which the court may
  9  7 require either of the parties to pay under a temporary order
  9  8 or a final judgment or decree, and may include alimony, child
  9  9 support, maintenance, medical payments, and any other term
  9 10 used to describe these support obligations.
  9 11    Sec. 8.  Section 598.5, Code 1995, is amended by adding the
  9 12 following new subsections:
  9 13    NEW SUBSECTION.  11.  Except where the respondent is a
  9 14 resident of this state and is served by personal service,
  9 15 state that the petitioner has been a resident of the state for
  9 16 the last year, specifying the county in which the petitioner
  9 17 has resided, and the length of the residence in the state
  9 18 after deducting all absences from the state; and that the
  9 19 maintenance of the residence has been in good faith and not
  9 20 for the purpose of obtaining a divorce only.
  9 21    NEW SUBSECTION.  12.  Make any necessary averments as to
  9 22 child custody required pursuant to section 598A.9.
  9 23    Sec. 9.  Section 598.7A, Code Supplement 1995, is amended
  9 24 to read as follows:
  9 25    598.7A  DISSOLUTION OF MARRIAGE DOMESTIC RELATIONS
  9 26 PROCEEDING – MEDIATION.
  9 27    In addition to the custody mediation provided pursuant to
  9 28 section 598.41, unless the court determines that a history of
  9 29 domestic abuse exists as specified in section 598.41,
  9 30 subsection 3, paragraph "j", or unless the court determines
  9 31 that direct physical harm or significant emotional harm to the
  9 32 child, other children, or a parent is likely to result, on the
  9 33 application of either party, or on the court's own motion, the
  9 34 court may require shall determine in each domestic relations
  9 35 proceeding or modification of any order relating to those
 10  1 proceedings whether the parties to the proceeding shall
 10  2 participate in mediation to attempt to resolve differences
 10  3 between the parties relative to the granting of a marriage
 10  4 dissolution decree, if the court determines that mediation may
 10  5 effectuate a resolution of the differences without court
 10  6 intervention.
 10  7    The costs of mediation shall be paid in full or in part by
 10  8 the parties, as determined by the court and taxed as court
 10  9 costs.
 10 10    Sec. 10.  Section 598.11, Code 1995, is amended to read as
 10 11 follows:
 10 12    598.11  TEMPORARY ORDERS.
 10 13    1.  The court may order either party to pay the clerk a sum
 10 14 of money for the separate support and maintenance of the other
 10 15 party and the children and to enable such party to prosecute
 10 16 or defend the action.  The order may be made whether the
 10 17 action is original or is a modification of a preexisting
 10 18 divorce decree.  The court may on its own motion and shall
 10 19 upon application of either party or an attorney appointed
 10 20 under section 598.12 determine the temporary custody of any
 10 21 minor child whose welfare may be affected by the filing of the
 10 22 petition for dissolution divorce.
 10 23    2.  The court may make such an order when a claim for
 10 24 temporary support is made by the petitioner in the petition,
 10 25 or upon application of either party, after service of the
 10 26 original notice and when no application is made in the
 10 27 petition; however, no such order shall be entered until at
 10 28 least five days' notice of hearing, and opportunity to be
 10 29 heard, is given the other party.  Appearance by an attorney or
 10 30 the respondent for such hearing shall be deemed a special
 10 31 appearance for the purpose of such hearing only and not a
 10 32 general appearance.  An order entered pursuant to this section
 10 33 shall contain the names, birth dates, addresses, and counties
 10 34 of residence of the petitioner and respondent.
 10 35    3.  In making temporary orders, the court shall take into
 11  1 consideration the age of the applicant, the physical and
 11  2 pecuniary condition of the parties, and other matters as are
 11  3 pertinent, which may be shown by affidavits, as the court may
 11  4 direct.
 11  5    4.  After notice and hearing, subsequent changes in
 11  6 temporary orders may be made by the court on application of
 11  7 either party demonstrating a substantial change in the
 11  8 circumstances occurring subsequent to the issuance of such
 11  9 order.  If the order is not so modified it shall continue in
 11 10 force and effect until the action is dismissed or a divorce
 11 11 decree is entered.
 11 12    Sec. 11.  Section 598.17, Code 1995, is amended to read as
 11 13 follows:
 11 14    598.17  DISSOLUTION OF MARRIAGE DIVORCE – HEARINGS –
 11 15 EVIDENCE.
 11 16    1.  Except as otherwise provided in subsection 6, hearings
 11 17 for divorce shall be held in open court upon the oral
 11 18 testimony of witnesses, or upon the depositions of such
 11 19 witnesses taken as in other equitable actions or taken by a
 11 20 commissioner appointed by the court.  However, the court may
 11 21 in its discretion close the hearing.  Hearings held for the
 11 22 purpose of determining child custody may be limited in
 11 23 attendance by the court.  Upon the request of either party,
 11 24 the court may provide security in the courtroom during the
 11 25 divorce or custody hearings if a history of domestic abuse
 11 26 relating to either party exists.
 11 27    2.  A decree dissolving the marriage may be entered when
 11 28 the court is satisfied from the evidence presented that there
 11 29 has been a breakdown of the marriage relationship to the
 11 30 extent that the legitimate objects of matrimony have been
 11 31 destroyed and there remains no reasonable likelihood that the
 11 32 marriage can be preserved.  The decree shall state that the
 11 33 dissolution is granted to the parties, and shall not state
 11 34 that it is granted to only one party.
 11 35    3.  If the averments as to residence are not fully proved,
 12  1 the hearing shall proceed no further, and the action shall be
 12  2 dismissed by the court.  A divorce shall not be granted on the
 12  3 testimony of either party alone, and a divorce shall not be
 12  4 granted if the court reasonably believes the parties have
 12  5 conspired to obtain a divorce, or that one or more of the
 12  6 parties has committed perjury or any other criminal act in
 12  7 order to obtain a divorce.
 12  8    4.  If at the time of trial petitioner fails to present
 12  9 satisfactory evidence that there has been a breakdown of the
 12 10 marriage relationship to the extent that the legitimate
 12 11 objects of matrimony have been destroyed and there remains no
 12 12 reasonable likelihood that the marriage can be preserved, the
 12 13 respondent may then proceed to present such evidence as though
 12 14 the respondent had filed the original petition.
 12 15    5.  No marriage dissolution A divorce granted due to the
 12 16 mental illness of one of the spouses shall not relieve the
 12 17 other spouse of any obligation imposed by law as a result of
 12 18 the marriage for the support of the mentally ill spouse.  The
 12 19 court may make an order for such support or may waive the
 12 20 support obligation when satisfied from the evidence that it
 12 21 would create an undue hardship on the obliged spouse or that
 12 22 spouse's other dependents.
 12 23    6.  Notwithstanding any other provision to the contrary,
 12 24 the court may enter a divorce decree without a hearing under
 12 25 either of the following circumstances:
 12 26    a.  All of the following circumstances have been met:
 12 27    (1)  The parties have certified in writing under oath that
 12 28 there has been a breakdown of the marriage relationship to the
 12 29 extent that the legitimate objects of matrimony have been
 12 30 destroyed and there remains no reasonable likelihood that the
 12 31 marriage can be preserved.
 12 32    (2)  All documents required by the court and by statute
 12 33 have been filed.
 12 34    (3)  The parties have entered into a written agreement
 12 35 settling all of the issues involved in the divorce.
 13  1    (4)  There are no children of the marriage for whom
 13  2 support, as defined under section 598.1A, may be ordered.
 13  3    b.  The respondent has not entered an appearance or filed a
 13  4 motion or pleading in the case, the waiting period provided
 13  5 under section 598.19 has expired, and all of the following
 13  6 circumstances have been met:
 13  7    (1)  The petitioner has certified in writing that there has
 13  8 been a breakdown of the marriage relationship to the extent
 13  9 that the legitimate objects of matrimony have been destroyed
 13 10 and there remains no reasonable likelihood that the marriage
 13 11 can be preserved.
 13 12    (2)  All documents required by the court and by statute
 13 13 have been filed.
 13 14    (3)  There are no children of the marriage for whom
 13 15 support, as defined under section 598.1A, may be ordered.
 13 16    Sec. 12.  Section 598.19, Code 1995, is amended to read as
 13 17 follows:
 13 18    598.19  WAITING PERIOD BEFORE DECREE.
 13 19    No A divorce decree dissolving a marriage shall not be
 13 20 granted in any proceeding before ninety one hundred twenty
 13 21 days shall have elapsed from the day the original notice is
 13 22 served, or from the last day of publication of notice, or from
 13 23 the date that waiver or acceptance of original notice is filed
 13 24 or until after conciliation is completed, whichever period
 13 25 shall be longer.  However, the court may in its discretion, on
 13 26 written motion supported by affidavit setting forth grounds of
 13 27 emergency or necessity and facts which satisfy the court that
 13 28 immediate action is warranted or required to protect the
 13 29 substantive rights or interests of any party or person who
 13 30 might be affected by the decree, hold a hearing and grant a
 13 31 divorce decree dissolving the marriage prior to the expiration
 13 32 of the applicable period, provided that requirements of notice
 13 33 have been complied with.  In such case the grounds of
 13 34 emergency or necessity and the facts with respect thereto
 13 35 shall be recited in the decree unless otherwise ordered by the
 14  1 court.  The court may enter an order finding the respondent in
 14  2 default and waiving conciliation when the respondent has
 14  3 failed to file an appearance within the time set forth in the
 14  4 original notice.
 14  5    Sec. 13.  Section 598.21, subsections 1, 3, 4, and 4A, Code
 14  6 Supplement 1995, are amended to read as follows:
 14  7    1.  Upon every judgment of annulment, dissolution divorce
 14  8 or separate maintenance the court shall divide the property of
 14  9 the parties and transfer the title of the property
 14 10 accordingly.  The court may protect and promote the best
 14 11 interests of children of the parties by setting aside a
 14 12 portion of the property of the parties in a separate fund or
 14 13 conservatorship for the support, maintenance, education and
 14 14 general welfare of the minor children.  The court shall divide
 14 15 all property, except inherited property or gifts received by
 14 16 one party, equitably between the parties after considering all
 14 17 of the following:
 14 18    a.  The length of the marriage.
 14 19    b.  The property brought to the marriage by each party.
 14 20    c.  The contribution of each party to the marriage, giving
 14 21 appropriate economic value to each party's contribution in
 14 22 homemaking and child care services.
 14 23    d.  The age and physical and emotional health of the
 14 24 parties.
 14 25    e.  The contribution by one party to the education,
 14 26 training or increased earning power of the other.
 14 27    f.  The earning capacity of each party, including
 14 28 educational background, training, employment skills, work
 14 29 experience, length of absence from the job market, custodial
 14 30 responsibilities for children and the time and expense
 14 31 necessary to acquire sufficient education or training to
 14 32 enable the party to become self-supporting at a standard of
 14 33 living reasonably comparable to that enjoyed during the
 14 34 marriage.
 14 35    g.  The desirability of awarding the family home or the
 15  1 right to live in the family home for a reasonable period to
 15  2 the party having custody of the children, or if the parties
 15  3 have joint legal custody, to the party having physical care of
 15  4 the children.
 15  5    h. g.  The amount and duration of an order granting support
 15  6 payments to either party pursuant to subsection 3 and whether
 15  7 the property division should be in lieu of such payments.
 15  8    i. h.  Other economic circumstances of each party,
 15  9 including pension benefits, vested or unvested, and future
 15 10 interests.
 15 11    j. i.  The tax consequences to each party.
 15 12    k. j.  Any written agreement made by the parties concerning
 15 13 property distribution.
 15 14    l. k.  The provisions of an antenuptial agreement.
 15 15    m. l.  Other factors the court may determine to be relevant
 15 16 in an individual case.
 15 17    3.  Upon every judgment of annulment, dissolution divorce,
 15 18 or separate maintenance, the court may grant an order
 15 19 requiring support payments to either party for a limited or
 15 20 indefinite length of time after considering all of the
 15 21 following:
 15 22    a.  The length of the marriage.
 15 23    b.  The age and physical and emotional health of the
 15 24 parties.
 15 25    c.  The distribution of property made pursuant to
 15 26 subsection 1.
 15 27    d.  The educational level of each party at the time of
 15 28 marriage and at the time the action is commenced.
 15 29    e.  The earning capacity of the party seeking maintenance,
 15 30 including educational background, training, employment skills,
 15 31 work experience, length of absence from the job market,
 15 32 responsibilities for children under either an award of custody
 15 33 or physical care, and the time and expense necessary to
 15 34 acquire sufficient education or training to enable the party
 15 35 to find appropriate employment.
 16  1    f.  The feasibility of the party seeking maintenance
 16  2 becoming self-supporting at a standard of living reasonably
 16  3 comparable to that enjoyed during the marriage, and the length
 16  4 of time necessary to achieve this goal.
 16  5    g.  The tax consequences to each party.
 16  6    h.  Any mutual agreement made by the parties concerning
 16  7 financial or service contributions by one party with the
 16  8 expectation of future reciprocation or compensation by the
 16  9 other party.
 16 10    i.  The provisions of an antenuptial agreement.
 16 11    j.  Other factors the court may determine to be relevant in
 16 12 an individual case.
 16 13    4.  The supreme court shall maintain uniform child support
 16 14 guidelines and criteria and review the guidelines and criteria
 16 15 at least once every four years, pursuant to the federal Family
 16 16 Support Act of 1988, Pub. L. No. 100-485.  The initial review
 16 17 shall be performed within four years of October 12, 1989, and
 16 18 subsequently within the four-year period of the most recent
 16 19 review.  It is the intent of the general assembly that, to the
 16 20 extent possible within the requirements of federal law, the
 16 21 court and the child support recovery unit consider the
 16 22 individual facts of each judgment or case in the application
 16 23 of the guidelines and determine the support obligation, ac-
 16 24 cordingly.  It is also the intent of the general assembly that
 16 25 in the supreme court's review of the guidelines, the supreme
 16 26 court shall do both of the following:  emphasize the ability
 16 27 of a court to apply the guidelines in a just and appropriate
 16 28 manner based upon the individual facts of a judgment or case;
 16 29 and in determining monthly child support payments, consider
 16 30 other children for whom either parent is legally responsible
 16 31 for support and other child support obligations actually paid
 16 32 by either party pursuant to a court or administrative order.
 16 33    a.  Upon every judgment of annulment, dissolution divorce,
 16 34 or separate maintenance, the court may order either parent or
 16 35 both parents to pay make support payments in an amount
 17  1 reasonable and necessary for supporting a child.  In
 17  2 establishing the amount of support, consideration shall be
 17  3 given to the responsibility of both parents to support and
 17  4 provide for the welfare of the minor child and of a child's
 17  5 need, whenever practicable, for a close relationship with both
 17  6 parents.  There shall be a rebuttable presumption that the
 17  7 amount of child support which would result from the
 17  8 application of the guidelines prescribed by the supreme court
 17  9 is the correct amount of child support to be awarded.  A
 17 10 variation from the guidelines shall not be considered by a
 17 11 court without a record or written finding, based on stated
 17 12 reasons, that the guidelines would be unjust or inappropriate
 17 13 as determined under the criteria prescribed by the supreme
 17 14 court.
 17 15    The court shall order as child medical support a health
 17 16 benefit plan as defined in chapter 252E if available to either
 17 17 parent at a reasonable cost.  A health benefit plan is
 17 18 considered reasonable in cost if it is employment-related or
 17 19 other group health insurance, regardless of the service
 17 20 delivery mechanism.  The premium cost of the health benefit
 17 21 plan may be considered by the court as a reason for varying
 17 22 from the child support guidelines.  If a health benefit plan
 17 23 is not available at a reasonable cost, the court may order any
 17 24 other provisions for medical support as defined in chapter
 17 25 252E.
 17 26    b.  The guidelines prescribed by the supreme court shall be
 17 27 used by the department of human services in determining child
 17 28 support payments under sections 252C.2 and 252C.4.  A
 17 29 variation from the guidelines shall not be considered by the
 17 30 department without a record or written finding, based on
 17 31 stated reasons, that the guidelines would be unjust or
 17 32 inappropriate as determined under criteria prescribed by the
 17 33 supreme court.
 17 34    c.  The guidelines prescribed by the supreme court shall
 17 35 incorporate provisions for medical support as defined in
 18  1 chapter 252E to be effective on or before January 1, 1991.
 18  2    d.  For purposes of calculating a support obligation under
 18  3 this section, the income of the parent from whom support is
 18  4 sought shall be used as the noncustodial parent income for
 18  5 purposes of application of the guidelines, regardless of the
 18  6 legal custody of the child.
 18  7    e.  Unless the special circumstances of the case justify a
 18  8 deviation, the court or the child support recovery unit shall
 18  9 establish a monthly child support payment of twenty-five
 18 10 dollars for a parent who is nineteen years of age or younger,
 18 11 who has not received a high school or high school equivalency
 18 12 diploma, and to whom each of the following apply:
 18 13    (1)  The parent is attending a school or program described
 18 14 as follows or has been identified as one of the following:
 18 15    (a)  The parent is in full-time attendance at an accredited
 18 16 school and is pursuing a course of study leading to a high
 18 17 school diploma.
 18 18    (b)  The parent is attending an instructional program
 18 19 leading to a high school equivalency diploma.
 18 20    (c)  The parent is attending a vocational education program
 18 21 approved pursuant to chapter 258.
 18 22    (d)  The parent has been identified by the director of
 18 23 special education of the area education agency as a child
 18 24 requiring special education as defined in section 256B.2.
 18 25    (2)  The parent provides proof of compliance with the
 18 26 requirements of subparagraph (1) to the child support recovery
 18 27 unit, if the unit is providing services under chapter 252B, or
 18 28 if the unit is not providing services pursuant to chapter
 18 29 252B, to the court as the court may direct.
 18 30    Failure to provide proof of compliance under this
 18 31 subparagraph is grounds for modification of the support order
 18 32 using the uniform child support guidelines and imputing an
 18 33 income to the parent equal to a forty-hour work week at the
 18 34 state minimum wage, unless the parent's education, experience,
 18 35 or actual earnings justify a higher income.
 19  1    4A.  If, during an action initiated under this chapter or
 19  2 any other chapter in which a child or medical support
 19  3 obligation may be established based upon a prior determination
 19  4 of paternity, a party wishes to contest the paternity of the
 19  5 child or children involved, all of the following apply:
 19  6    a.  (1)  If the prior determination of paternity is based
 19  7 on an affidavit of paternity filed pursuant to section
 19  8 252A.3A, or a court or administrative order entered in this
 19  9 state, or by operation of law when the mother and established
 19 10 father are or were married to each other, the provisions of
 19 11 section 600B.41A apply.
 19 12    (2)  If following the proceedings under section 600B.41A
 19 13 the court determines that the prior determination of paternity
 19 14 should not be overcome, and that the established father has a
 19 15 duty to provide support, the court shall enter an order
 19 16 establishing the monthly child support payment and the amount
 19 17 of the support debt accrued and accruing pursuant to
 19 18 subsection 4, or the medical support obligation pursuant to
 19 19 chapter 252E, or both.
 19 20    b.  If a determination of paternity is based on an
 19 21 administrative or court order or other means pursuant to the
 19 22 laws of a foreign jurisdiction, any action to overcome the
 19 23 prior determination of paternity shall be filed in that
 19 24 jurisdiction.  Unless a stay of the action initiated in this
 19 25 state to establish child or medical support is requested and
 19 26 granted by the court, pending a resolution of the contested
 19 27 paternity issue by the foreign jurisdiction, the action shall
 19 28 proceed.
 19 29    c.  Notwithstanding paragraph "a", in a pending dissolution
 19 30 divorce action under this chapter, a prior determination of
 19 31 paternity by operation of law through the marriage of the
 19 32 established father and mother of the child may be overcome
 19 33 under this chapter if the following conditions are met:
 19 34    (1)  The established father and mother of the child file a
 19 35 written statement with the court that both parties agree that
 20  1 the established father is not the biological father of the
 20  2 child.
 20  3    (2)  The court finds that it is in the best interest of the
 20  4 child to overcome the established paternity.  In determining
 20  5 the best interest of the child, the court shall consider the
 20  6 criteria provided in section 600B.41A, subsection 3, paragraph
 20  7 "g".
 20  8    If the court overcomes a prior determination of paternity,
 20  9 the previously established father shall be relieved of support
 20 10 obligations as specified in section 600B.41A, subsection 4.
 20 11 In any action to overcome paternity other than through a
 20 12 pending dissolution divorce action, the provisions of section
 20 13 600B.41A apply.  Overcoming paternity under this paragraph
 20 14 does not bar subsequent actions to establish paternity if it
 20 15 is subsequently determined that the written statement
 20 16 attesting that the established father is not the biological
 20 17 father of the child may have been submitted erroneously, and
 20 18 that the person previously determined not to be the child's
 20 19 father during the dissolution divorce action may actually be
 20 20 the child's biological father.
 20 21    Sec. 14.  Section 598.21, Code Supplement 1995, is amended
 20 22 by adding the following new subsection:
 20 23    NEW SUBSECTION.  1A.  There shall be a presumption that the
 20 24 family home or at a minimum the right to live in the family
 20 25 home for a reasonable period shall be awarded to the party
 20 26 having custody of the children, or if the parties have joint
 20 27 legal custody, to the party having primary physical care of
 20 28 the children, absent a showing that this award is not in the
 20 29 best interest of the child.  The award shall be independent of
 20 30 the property award entered pursuant to subsection 1.
 20 31    Sec. 15.  Section 598.26, subsections 1 and 3, Code 1995,
 20 32 are amended to read as follows:
 20 33    1.  Until a divorce decree of dissolution has been entered,
 20 34 the record and evidence shall be closed to all but the court,
 20 35 its officers, and the child support recovery unit of the
 21  1 department of human services pursuant to section 252B.9.  No
 21  2 other person shall permit a copy of any of the testimony, or
 21  3 pleading, or the substance thereof, to be made available to
 21  4 any person other than a party to the action or a party's
 21  5 attorney.  When a final decree is entered, the clerk of court
 21  6 shall enter, as a public record, with the final decree, any
 21  7 order for payment of temporary support.  Nothing in this
 21  8 subsection shall be construed to prohibit publication of the
 21  9 original notice as provided by the rules of civil procedure.
 21 10    3.  If the action is dismissed, judgment for costs shall be
 21 11 entered in the judgment docket and lien index.  The clerk
 21 12 shall maintain a separate docket for dissolution of marriage
 21 13 divorce actions.
 21 14    Sec. 16.  Section 598.41, Code Supplement 1995, is amended
 21 15 by adding the following new subsection:
 21 16    NEW SUBSECTION.  8.  If at any time during the divorce
 21 17 proceedings the court determines that the granting of a
 21 18 divorce decree is not in the best interest of a child, the
 21 19 court may stay the proceedings for a period of time
 21 20 established at the discretion of the court or may dismiss the
 21 21 proceedings.  If the court dismisses the proceedings, the
 21 22 parties shall not file a new petition for divorce for a
 21 23 minimum period of one hundred eighty days.  
 21 24                           DIVISION II
 21 25                        TECHNICAL CHANGES
 21 26    Sec. 17.  Section 97A.1, subsection 17, Code 1995, is
 21 27 amended to read as follows:
 21 28    17.  "Surviving spouse" shall mean the surviving spouse or
 21 29 former spouse of a marriage solemnized prior to retirement of
 21 30 a deceased member from active service.  Surviving spouse shall
 21 31 include a former spouse only if the division of assets in the
 21 32 dissolution of marriage divorce decree pursuant to section
 21 33 598.17 grants the former spouse rights of a spouse under this
 21 34 chapter.  If there is no surviving spouse of a marriage
 21 35 solemnized prior to retirement of a deceased member, surviving
 22  1 spouse includes a surviving spouse of a marriage of two years
 22  2 or more duration solemnized subsequent to retirement of the
 22  3 member.
 22  4    Sec. 18.  Section 144.37, Code 1995, is amended to read as
 22  5 follows:
 22  6    144.37  DISSOLUTION DIVORCE AND ANNULMENT RECORDS.
 22  7    For each dissolution divorce or annulment of marriage
 22  8 granted by any court in this state, a record shall be prepared
 22  9 by the clerk of court or by the petitioner or the petitioner's
 22 10 legal representative if directed by the clerk and filed by the
 22 11 clerk of court with the state registrar.  The information
 22 12 necessary to prepare the report shall be furnished with the
 22 13 petition, to the clerk of court by the petitioner or the
 22 14 petitioner's legal representative, on forms supplied by the
 22 15 state registrar.
 22 16    The clerk of the district court in each county shall keep a
 22 17 record book for dissolutions divorces.  The form of
 22 18 dissolution divorce record books shall be uniform throughout
 22 19 the state.  A properly indexed record of dissolutions divorces
 22 20 upon microfilm, electronic computer, or data processing
 22 21 equipment may be kept in lieu of dissolution divorce record
 22 22 books.
 22 23    On or before the tenth day of each calendar month, the
 22 24 clerk of court shall forward to the state registrar the record
 22 25 of each dissolution divorce and annulment granted during the
 22 26 preceding calendar month and related reports required by
 22 27 regulations issued under this chapter.
 22 28    Sec. 19.  Section 144.43, subsection 3, Code 1995, is
 22 29 amended to read as follows:
 22 30    3.  A record of divorce, dissolution of marriage, or
 22 31 annulment of marriage.
 22 32    Sec. 20.  Section 144.51, Code 1995, is amended to read as
 22 33 follows:
 22 34    144.51  INFORMATION BY OTHERS FURNISHED ON DEMAND.
 22 35    Any person having knowledge of the facts shall furnish
 23  1 information the person possesses regarding any birth, death,
 23  2 fetal death, adoption, marriage, dissolution divorce, or
 23  3 annulment, upon demand of the state registrar or the state
 23  4 registrar's representative.
 23  5    Sec. 21.  Section 252B.1, subsection 5, Code 1995, is
 23  6 amended to read as follows:
 23  7    5.  "Obligor" means the person legally responsible for the
 23  8 support of a child as defined in section 598.1 598.1A under a
 23  9 support order issued in this state or a foreign jurisdiction.
 23 10    Sec. 22.  Section 252B.6, subsection 2, Code 1995, is
 23 11 amended to read as follows:
 23 12    2.  Appear as a friend of the court in dissolution of
 23 13 marriage divorce and separate maintenance proceedings, or
 23 14 proceedings supplemental thereto, when either or both of the
 23 15 parties to the proceedings are receiving public assistance,
 23 16 for the purpose of advising the court of the financial
 23 17 interest of the state in the proceeding.
 23 18    Sec. 23.  Section 252B.6, subsection 4, unnumbered
 23 19 paragraph 1, Code 1995, is amended to read as follows:
 23 20    If public assistance has been applied for or granted on
 23 21 behalf of a child of parents who are legally separated or
 23 22 whose marriage has been legally dissolved divorced, the unit
 23 23 may apply to the district court for a court order directing
 23 24 either or both parents to show cause for the following:
 23 25    Sec. 24.  Section 252B.13A, Code 1995, is amended to read
 23 26 as follows:
 23 27    252B.13A  COLLECTION SERVICES CENTER.
 23 28    The department shall establish within the unit a collection
 23 29 services center for the receipt and disbursement of support
 23 30 payments as defined in section 598.1 598.1A as required for
 23 31 orders by section 252B.14.  For purposes of this section,
 23 32 support payments do not include attorney fees, court costs, or
 23 33 property settlements.
 23 34    Sec. 25.  Section 252B.14, subsection 1, Code 1995, is
 23 35 amended to read as follows:
 24  1    1.  For the purposes of this section, "support order"
 24  2 includes any order entered pursuant to chapter 234, 252A,
 24  3 252C, 598, 600B, or any other support chapter or proceeding
 24  4 which establishes support payments as defined in section 598.1
 24  5 598.1A.
 24  6    Sec. 26.  Section 252D.1, subsection 1, Code 1995, is
 24  7 amended to read as follows:
 24  8    1.  As used in this chapter, unless the context otherwise
 24  9 requires, "support" or "support payments" means any amount
 24 10 which the court may require a person to pay for the benefit of
 24 11 a child under a temporary order or a final judgment or decree,
 24 12 and may include child support, maintenance, medical support as
 24 13 defined in chapter 252E, and, if contained in a child support
 24 14 order, spousal support, and any other term used to describe
 24 15 these obligations.  These obligations may include support for
 24 16 a child who is between the ages of eighteen and twenty-two
 24 17 years and who is regularly attending an accredited school in
 24 18 pursuance of a course of study leading to a high school
 24 19 diploma or its equivalent, or regularly attending a course of
 24 20 vocational technical training either as a part of a regular
 24 21 school program or under special arrangements adapted to the
 24 22 individual person's needs, or is, in good faith, a full-time
 24 23 student in a college, university, or community college, or has
 24 24 been accepted for admission to a college, university, or
 24 25 community college and the next regular term has not yet begun;
 24 26 and may include support for a child of any age who is
 24 27 dependent on the parties to the dissolution divorce
 24 28 proceedings because of physical or mental disability.
 24 29    Sec. 27.  Section 321.46, subsection 6, Code 1995, is
 24 30 amended to read as follows:
 24 31    6.  An applicant for a new registration for a vehicle
 24 32 transferred to the applicant by a spouse, parent or child of
 24 33 the applicant, or by operation of law upon inheritance, devise
 24 34 or bequest, from the applicant's spouse, parent or child, or
 24 35 by a former spouse pursuant to a divorce decree of dissolution
 25  1 of marriage, is entitled to a credit to be applied to the
 25  2 registration fee for the transferred vehicle.  A credit shall
 25  3 not be allowed unless the vehicle to which the credit applies
 25  4 is registered within the time specified under subsection 1.
 25  5 The credit shall be computed on the basis of the number of
 25  6 unexpired months remaining in the registration year of the
 25  7 former owner computed from the date the vehicle was
 25  8 transferred, computed to the nearest whole dollar.  The credit
 25  9 may exceed the amount of the registration fee for the
 25 10 transferred vehicle.  When the amount of the credit is
 25 11 computed to be an amount of less than ten dollars, the credit
 25 12 shall be disallowed.  The credit shall not be sold,
 25 13 transferred, or assigned to any other person.
 25 14    Sec. 28.  Section 410.10, subsection 3, unnumbered
 25 15 paragraph 3, Code 1995, is amended to read as follows:
 25 16    However, the benefits provided by this section are subject
 25 17 to the following definitions:  The term "spouse" means a
 25 18 surviving spouse of a marriage contracted prior to retirement
 25 19 of a deceased member from active service, or of a marriage of
 25 20 a retired member contracted prior to March 2, 1934.  Surviving
 25 21 spouse includes a former spouse only if the division of assets
 25 22 in the dissolution of marriage divorce decree pursuant to
 25 23 section 598.17 grants the former spouse rights of a spouse
 25 24 under this chapter.  If there is no surviving spouse of a
 25 25 marriage contracted prior to retirement of a deceased member,
 25 26 or of a marriage of a retired member contracted prior to March
 25 27 2, 1934, surviving spouse includes a surviving spouse of a
 25 28 marriage of two years or more duration contracted subsequent
 25 29 to retirement of the member.  The terms "child" and "children"
 25 30 mean only the surviving issue of a deceased active or retired
 25 31 member, or the child or children legally adopted by a deceased
 25 32 member prior to the member's retirement from active service.
 25 33    Sec. 29.  Section 411.1, subsection 19, Code 1995, is
 25 34 amended to read as follows:
 25 35    19.  "Surviving spouse" shall mean the surviving spouse of
 26  1 a marriage solemnized prior to retirement of a deceased member
 26  2 from active service.  Surviving spouse shall include a former
 26  3 spouse only if the division of assets in the dissolution of
 26  4 marriage divorce decree pursuant to section 598.17 grants the
 26  5 former spouse rights of a spouse under this chapter.  If there
 26  6 is no surviving spouse of a marriage solemnized prior to
 26  7 retirement of a deceased member, surviving spouse includes a
 26  8 surviving spouse of a marriage of two years or more duration
 26  9 solemnized subsequent to retirement of the member.
 26 10    Sec. 30.  Section 428A.2, subsection 16, Code Supplement
 26 11 1995, is amended to read as follows:
 26 12    16.  Deeds for the transfer of property or the transfer of
 26 13 an interest in property when the deed is executed between
 26 14 former spouses pursuant to a divorce decree of dissolution of
 26 15 marriage.
 26 16    Sec. 31.  Section 509B.2, Code 1995, is amended to read as
 26 17 follows:
 26 18    509B.2  PERSONS INCLUDED IN THIS CHAPTER.
 26 19    1.  As used in this chapter, "termination of employment or
 26 20 membership" includes but is not limited to termination because
 26 21 of permanent or temporary layoff or approved leave of absence.
 26 22 A provision in this chapter which relates to termination of
 26 23 insurance under a group policy of an employee or member and
 26 24 the employee's or member's covered dependents includes
 26 25 termination of insurance with respect to the surviving or
 26 26 former spouse or children of an employee or member whose
 26 27 insurance would terminate because of dissolution divorce or
 26 28 annulment of the marriage of the employee or member, or would
 26 29 terminate because of death of the employee or member.
 26 30    2.  A provision in this chapter which relates to an em-
 26 31 ployee or member includes the surviving or former spouse or
 26 32 children if termination occurs because of dissolution divorce
 26 33 or annulment of a marriage or death of an employee or member.
 26 34    Sec. 32.  Section 509B.3, subsection 8, Code 1995, is
 26 35 amended to read as follows:
 27  1    8.  The spouse of an employee or member, and any covered
 27  2 dependent children of the employee or member, whose coverage
 27  3 under the group policy would otherwise terminate because of
 27  4 dissolution divorce or annulment of marriage or death of the
 27  5 employee or member shall have the same contribution and notice
 27  6 responsibilities and privileges as provided under this chapter
 27  7 to the employee or member upon termination of employment or
 27  8 membership.
 27  9    Sec. 33.  Section 509B.4, subsection 15, Code 1995, is
 27 10 amended to read as follows:
 27 11    15.  Subject to any preceding conditions, conversion
 27 12 privileges are available to a surviving spouse at the death of
 27 13 the employee or member, with respect to the spouse and
 27 14 children whose coverage under the group policy terminates by
 27 15 reason of the death, or to each surviving child whose coverage
 27 16 under the group policy terminates by reason of death, or when
 27 17 continuation of dependent's coverage is accepted following the
 27 18 employee's or member's death, at the end of the continuation.
 27 19 Subject to any preceding conditions, the conversion privilege
 27 20 is available to the spouse of the employee or member upon
 27 21 termination of coverage of the spouse, by reason of
 27 22 dissolution divorce or annulment of marriage or otherwise
 27 23 ceasing to be a qualified family member under the group
 27 24 policy, while the employee or member remains insured under the
 27 25 policy, or when continuation of dependent's coverage is
 27 26 elected following the dissolution divorce or annulment of
 27 27 marriage, at the end of continuation.  This conversion
 27 28 privilege includes children whose coverage under the group
 27 29 policy terminates at the same time.  Subject to any preceding
 27 30 conditions, the conversion privilege is also available to a
 27 31 child solely with respect to the child upon termination of
 27 32 coverage by reason of ceasing to be a qualified family member
 27 33 under the group policy, if a conversion privilege is not
 27 34 otherwise provided within this section.
 27 35    Sec. 34.  Section 558A.1, subsection 4, paragraph f, Code
 28  1 1995, is amended to read as follows:
 28  2    f.  A transfer between spouses resulting from a divorce
 28  3 decree of dissolution of marriage, a decree of legal
 28  4 separation, or a property settlement agreement which is
 28  5 incidental to the decree, including a decree ordered pursuant
 28  6 to chapter 598.
 28  7    Sec. 35.  Section 596.5, subsection 1, paragraph c, Code
 28  8 1995, is amended to read as follows:
 28  9    c.  The disposition of property upon separation,
 28 10 dissolution of the marriage divorce, death, or the occurrence
 28 11 or nonoccurrence of any other event.
 28 12    Sec. 36.  Section 598.3, Code 1995, is amended to read as
 28 13 follows:
 28 14    598.3  KIND OF ACTION – JOINDER.
 28 15    An action for dissolution of marriage divorce shall be by
 28 16 equitable proceedings, and no cause of action, save for
 28 17 alimony, shall be joined therewith with the action.  Such
 28 18 actions shall not be subject to counterclaim or cross petition
 28 19 by the respondent.  After the appearance of the respondent, no
 28 20 dismissal of the cause of action shall be allowed unless both
 28 21 the petitioner and the respondent sign the dismissal.
 28 22    Sec. 37.  Section 598.5, unnumbered paragraph 1, and
 28 23 subsection 5, Code 1995, are amended to read as follows:
 28 24    The petition for dissolution of marriage divorce shall:
 28 25    5.  State whether or not a separate action for dissolution
 28 26 of marriage divorce has been commenced by the respondent and
 28 27 whether such action is pending in any court in this state or
 28 28 elsewhere.
 28 29    Sec. 38.  Section 598.13, unnumbered paragraph 1, Code
 28 30 1995, is amended to read as follows:
 28 31    Both parties shall disclose their financial status.  A
 28 32 showing of special circumstances shall not be required before
 28 33 the disclosure is ordered.  A statement of net worth set forth
 28 34 by affidavit on a form prescribed by the supreme court and
 28 35 furnished without charge by the clerk of the district court
 29  1 shall be filed by each party prior to the dissolution divorce
 29  2 hearing.  However, the parties may waive this requirement upon
 29  3 application of both parties and approval by the court.
 29  4    Sec. 39.  Section 598.18, Code 1995, is amended to read as
 29  5 follows:
 29  6    598.18  RECRIMINATION NOT A BAR TO DISSOLUTION OF MARRIAGE.
 29  7    If, upon the trial of an action for dissolution of marriage
 29  8 divorce, both of the parties are found to have committed an
 29  9 act or acts which would support or justify a divorce decree of
 29 10 dissolution of marriage, such dissolution the divorce may be
 29 11 decreed, and the acts of one party shall not negate the acts
 29 12 of the other, nor serve to bar the dissolution divorce decree
 29 13 in any way.
 29 14    Sec. 40.  Section 598.20, Code 1995, is amended to read as
 29 15 follows:
 29 16    598.20  FORFEITURE OF MARITAL RIGHTS.
 29 17    When a dissolution of marriage divorce is decreed the
 29 18 parties shall forfeit all rights acquired by marriage which
 29 19 are not specifically preserved in the decree.  This provision
 29 20 shall not obviate any of the provisions of section 598.21.
 29 21    Sec. 41.  Section 598.24, Code 1995, is amended to read as
 29 22 follows:
 29 23    598.24  COSTS IF PARTY IS IN DEFAULT OR CONTEMPT.
 29 24    When an action for a modification, order to show cause, or
 29 25 contempt of a dissolution divorce, annulment, or separate
 29 26 maintenance decree is brought on the grounds that a party to
 29 27 the decree is in default or contempt of the decree, and the
 29 28 court determines that the party is in default or contempt of
 29 29 the decree, the costs of the proceeding, including reasonable
 29 30 attorney's fees, may be taxed against that party.
 29 31    Sec. 42.  Section 598.25, Code 1995, is amended to read as
 29 32 follows:
 29 33    598.25  TERMINATION OF JURISDICTION OF COURT GRANTING
 29 34 MARRIAGE DISSOLUTION DIVORCE DECREE.
 29 35    Whenever a proceeding is initiated in a court for adoption
 30  1 involving the children of parents or guardians whose marriage
 30  2 has been dissolved who are divorced, or for modification of a
 30  3 judgment of alimony, child support, or custody granted in an
 30  4 action for dissolution of marriage divorce, the following
 30  5 requirements must be met if such proceedings are initiated in
 30  6 a court other than the court which granted the dissolution
 30  7 divorce decree.
 30  8    1.  The party initiating such proceedings must present to
 30  9 the court the names and addresses of the parties to the
 30 10 dissolution divorce decree if known, as well as the name and
 30 11 place of the court which granted the dissolution divorce
 30 12 decree and the date of the decree.
 30 13    2.  The court in which the proceedings are initiated shall
 30 14 cause notice of such proceedings to be served upon the parties
 30 15 to the original action unless either or both parties are
 30 16 deceased.
 30 17    Such court, or either of the parties to the dissolution
 30 18 divorce decree, may request that a copy of the transcript of
 30 19 the proceedings of the court which granted the dissolution
 30 20 divorce decree be made available for consideration in the new
 30 21 proceedings.
 30 22    Sec. 43.  Section 598.26, unnumbered paragraph 1, Code
 30 23 1995, is amended to read as follows:
 30 24    The record and evidence in each case of marriage
 30 25 dissolution divorce shall be kept pursuant to the following
 30 26 provisions:
 30 27    Sec. 44.  Section 598.26, subsections 1 and 3, Code 1995,
 30 28 are amended to read as follows:
 30 29    1.  Until a divorce decree of dissolution has been entered,
 30 30 the record and evidence shall be closed to all but the court,
 30 31 its officers, and the child support recovery unit of the
 30 32 department of human services pursuant to section 252B.9.  No
 30 33 other person shall permit a copy of any of the testimony, or
 30 34 pleading, or the substance thereof, to be made available to
 30 35 any person other than a party to the action or a party's
 31  1 attorney.  Nothing in this subsection shall be construed to
 31  2 prohibit publication of the original notice as provided by the
 31  3 rules of civil procedure.
 31  4    3.  If the action is dismissed, judgment for costs shall be
 31  5 entered in the judgment docket and lien index.  The clerk
 31  6 shall maintain a separate docket for dissolution of marriage
 31  7 divorce actions.
 31  8    Sec. 45.  Section 598.28, Code 1995, is amended to read as
 31  9 follows:
 31 10    598.28  SEPARATE MAINTENANCE AND ANNULMENT.
 31 11    A petition shall be filed in separate maintenance and
 31 12 annulment actions as in actions for dissolution of marriage
 31 13 divorce, and all applicable provisions of this chapter in
 31 14 relation thereto to the action, shall apply to separate
 31 15 maintenance and annulment actions.
 31 16    Sec. 46.  Section 598.29, subsection 3, Code 1995, is
 31 17 amended to read as follows:
 31 18    3.  Where either party had a husband or wife living at the
 31 19 time of the marriage, provided they have not, with a knowledge
 31 20 of such fact, lived and cohabited together after the death or
 31 21 marriage dissolution divorce of the former spouse of such
 31 22 party.
 31 23    Sec. 47.  Section 598.32, Code 1995, is amended to read as
 31 24 follows:
 31 25    598.32  ANNULMENT – COMPENSATION.
 31 26    In case either party entered into the contract of marriage
 31 27 in good faith, supposing the other to be capable of
 31 28 contracting, and the marriage is declared a nullity, such fact
 31 29 shall be entered in the decree, and the court may decree such
 31 30 innocent party compensation as in case of dissolution of
 31 31 marriage divorce.
 31 32    Sec. 48.  Section 598.33, Code 1995, is amended to read as
 31 33 follows:
 31 34    598.33  ORDER TO VACATE.
 31 35    Notwithstanding section 561.15, the court may order either
 32  1 party to vacate the homestead pending entry of a divorce
 32  2 decree of dissolution upon a showing that the other party or
 32  3 the children are in imminent danger of physical harm if the
 32  4 order is not issued.
 32  5    Sec. 49.  Section 598.34, unnumbered paragraph 1, Code
 32  6 1995, is amended to read as follows:
 32  7    A person entitled to periodic support payments pursuant to
 32  8 an order or judgment entered in an action for dissolution of
 32  9 marriage divorce, who is also a recipient of public
 32 10 assistance, is deemed to have assigned the person's rights to
 32 11 the support payments, to the extent of public assistance
 32 12 received by the person, to the department of human services.
 32 13 The department shall immediately notify the clerk of court by
 32 14 mail when a person entitled to support payments has been
 32 15 determined to be eligible for public assistance.  Upon
 32 16 notification by the department that a person entitled to
 32 17 periodic support payments pursuant to this chapter is
 32 18 receiving public assistance, the clerk of court shall make a
 32 19 notation of the automatic assignment in the judgment docket
 32 20 and lien index.  The notation constitutes constructive notice
 32 21 of the assignment.  The clerk of court shall forward support
 32 22 payments received pursuant to section 598.22, to which the
 32 23 department is entitled, to the department, which may secure
 32 24 support payments in default through proceedings provided for
 32 25 in chapter 252A or section 598.24.
 32 26    Sec. 50.  Section 598.35, subsection 2, Code 1995, is
 32 27 amended to read as follows:
 32 28    2.  A petition for dissolution of marriage divorce has been
 32 29 filed by one of the parents of the child.
 32 30    Sec. 51.  Section 598.37, Code 1995, is amended to read as
 32 31 follows:
 32 32    598.37  NAME CHANGE.
 32 33    Either party to a marriage may request as a part of the
 32 34 divorce decree of dissolution or decree of annulment a change
 32 35 in the person's name to either the name appearing on the
 33  1 person's birth certificate or to the name the person had
 33  2 immediately prior to the marriage.  If a party requests a name
 33  3 change other than to the name appearing on the person's birth
 33  4 certificate or to the name the person had immediately prior to
 33  5 the marriage, the request shall be made under chapter 674.
 33  6    Sec. 52.  Section 598.41, subsection 1, paragraph a, Code
 33  7 Supplement 1995, is amended to read as follows:
 33  8    a.  The court, insofar as is reasonable and in the best
 33  9 interest of the child, shall order the custody award,
 33 10 including liberal visitation rights where appropriate, which
 33 11 will assure the child the opportunity for the maximum
 33 12 continuing physical and emotional contact with both parents
 33 13 after the parents have separated or dissolved the marriage
 33 14 divorced, and which will encourage parents to share the rights
 33 15 and responsibilities of raising the child unless direct
 33 16 physical harm or significant emotional harm to the child,
 33 17 other children, or a parent is likely to result from such
 33 18 contact with one parent.
 33 19    Sec. 53.  Section 602.8102, subsection 84, Code Supplement
 33 20 1995, is amended to read as follows:
 33 21    84.  Carry out duties relating to the dissolution of a
 33 22 marriage divorce as provided in chapter 598.
 33 23    Sec. 54.  Section 602.8103, subsection 4, paragraph d, Code
 33 24 1995, is amended to read as follows:
 33 25    d.  Original court files on dissolutions of marriage
 33 26 divorces, one year after dismissal by the parties or under
 33 27 R.C.P. 215, Ia. Ct. Rules, 2nd ed.
 33 28    Sec. 55.  Section 602.8105, subsection 1, paragraphs a, b,
 33 29 and c, Code Supplement 1995, are amended to read as follows:
 33 30    a.  For filing and docketing a petition, other than a
 33 31 modification of a dissolution divorce decree to which a
 33 32 written stipulation is attached at the time of filing
 33 33 containing the agreement of the parties to the terms of
 33 34 modification, eighty dollars.  In counties having a population
 33 35 of ninety-eight thousand or over, an additional five dollars
 34  1 shall be charged and collected to be known as the journal
 34  2 publication fee and used for the purposes provided for in
 34  3 section 618.13.
 34  4    b.  For filing and docketing an application for
 34  5 modification of a dissolution divorce decree to which a
 34  6 written stipulation is attached at the time of filing
 34  7 containing the agreement of the parties to the terms of
 34  8 modification, twenty-five dollars.
 34  9    c.  For entering a final divorce decree of dissolution of
 34 10 marriage, thirty dollars.  It is the intent of the general
 34 11 assembly that the funds generated from the dissolution divorce
 34 12 fees be appropriated and used for sexual assault and domestic
 34 13 violence centers.
 34 14    Sec. 56.  Section 633.271, Code 1995, is amended to read as
 34 15 follows:
 34 16    633.271  EFFECT OF DIVORCE OR DISSOLUTION.
 34 17    If after making a will the testator is divorced or the
 34 18 marriage is dissolved, all provisions in the will in favor of
 34 19 the testator's spouse are thereby revoked.  In the event the
 34 20 testator and spouse remarry each other, the provisions of the
 34 21 will revoked by the divorce or dissolution of marriage shall
 34 22 be reinstated unless otherwise revoked by the testator.
 34 23    Sec. 57.  Section 633.425, subsection 9, Code 1995, is
 34 24 amended to read as follows:
 34 25    9.  All unpaid support payments as defined in section 598.1
 34 26 598.1A, subsection 6 15, and all additional unpaid awards and
 34 27 judgments against the decedent in any dissolution divorce,
 34 28 separate maintenance, uniform support, or paternity action to
 34 29 the extent that the support, awards, and judgments have
 34 30 accrued at the time of death of the decedent.
 34 31    Sec. 58.  Section 633.701, unnumbered paragraph 1, Code
 34 32 1995, is amended to read as follows:
 34 33    Upon the partial or total termination of a trust, or upon
 34 34 the transfer of the trusteeship due to resignation, removal,
 34 35 dissolution divorce, or other disqualification of the trustee
 35  1 of any trust pending in court, the trustee shall make a final
 35  2 report to the court, showing for the period since the filing
 35  3 of the last report the facts required for an intermediate
 35  4 report; provided, however, that unless specifically required
 35  5 by the court to do so, the trustee shall not in any event, be
 35  6 required to report such facts for any period of time as to
 35  7 which the trustee has, under any of the provisions of section
 35  8 633.700, been expressly relieved from reporting.  In any
 35  9 event, the final report of the trustee shall include the
 35 10 following:  
 35 11                          DIVISION III
 35 12                     MEDIATION PILOT PROJECT
 35 13    Sec. 59.  COURT-ANNEXED FAMILY MEDIATION PILOT PROJECT.
 35 14    1.  As used in this section, unless the context otherwise
 35 15 requires:
 35 16    a.  "Court-annexed mediation" means mediation provided by
 35 17 mediators employed by the district court.
 35 18    b.  "Court-annexed mediation services" includes court-
 35 19 annexed mediation, marriage assessment, and any other services
 35 20 provided through the court-annexed mediation pilot project to
 35 21 parties involved in domestic relations matters.
 35 22    c.  "Court-annexed mediator" means a person employed by the
 35 23 district court to provide mediation services.
 35 24    d.  "Court-ordered mediation" means mediation in which
 35 25 participation is required by the court for any party to a
 35 26 divorce proceeding before the court and for any party in any
 35 27 other proceeding before the court for which the court
 35 28 determines mediation is necessary.
 35 29    e.  "Intake fact sheet" means the form developed by the
 35 30 chief judge of the judicial district to be completed by any
 35 31 party requesting participation in or ordered by the court to
 35 32 participate in mediation services, to determine the necessity
 35 33 for and types of services needed by a party in resolving an
 35 34 issue in dispute.
 35 35    f.  "Marriage assessment" means an evaluation of the
 36  1 possibility of reconciliation of the parties to a marriage,
 36  2 which is performed by a mediator.
 36  3    g.  "Mediation" means the process in which a neutral third
 36  4 party acts to encourage and facilitate the resolution of any
 36  5 dispute between two or more parties, in an informal and
 36  6 nonadversarial manner, with the objective of assisting the
 36  7 disputing parties in reaching a mutually acceptable and
 36  8 voluntary agreement regarding the issue in dispute.  Mediation
 36  9 may include but is not limited to assisting parties to the
 36 10 mediation in identifying issues, fostering joint problem-
 36 11 solving, and exploring settlement alternatives.
 36 12    h.  "Mediator" means a person providing mediation services.
 36 13 If a person is providing court-annexed or court-ordered
 36 14 mediation services, the person shall meet the qualifications
 36 15 established by the chief judge of the judicial district.
 36 16    2.  The state court administrator, in consultation with the
 36 17 judicial council, shall develop and implement a court-annexed
 36 18 mediation pilot project in the third and sixth judicial
 36 19 districts.  The pilot project shall be implemented by January
 36 20 1, 1997.  The judicial council shall submit a report to the
 36 21 governor and to the general assembly which provides an
 36 22 evaluation of the pilot projects by January 15, 1998.
 36 23    3.  The pilot projects shall be based upon all of the
 36 24 following:
 36 25    a.  Court-annexed mediation services are to be used for the
 36 26 mediation of family matters, marriage assessment and related
 36 27 domestic relations issues.  All domestic relations matters
 36 28 which come before the court, with the exception of child
 36 29 support recovery, shall be directed to court-annexed mediation
 36 30 services.  Additionally, any party wishing assistance in
 36 31 resolution of a domestic relations matter may request
 36 32 participation in court-annexed mediation services. The
 36 33 services shall include assistance and mediation that are
 36 34 specific to the individual family situation, with a focus on
 36 35 primary interventions that promote family unity and parental
 37  1 decision-making, to the extent possible.  The purposes of
 37  2 mediation are to reduce acrimony between the parties and to
 37  3 develop parental responsibility.
 37  4    b.  Court-annexed mediation services shall be accessible to
 37  5 all parties to a domestic relations matter regardless of
 37  6 financial or marital status.  Parties who do not have a
 37  7 domestic relations matter pending before the court for which
 37  8 the court orders mediation services, may request and be
 37  9 provided court-annexed mediation services at a cost which is
 37 10 based on a sliding-fee schedule.
 37 11    c.  Following the filing of a petition for divorce all of
 37 12 the following shall apply:
 37 13    (1)  All parties  shall complete an intake fact sheet and a
 37 14 marriage assessment.  The court-annexed mediator shall review
 37 15 the intake fact sheet to schedule a marriage assessment,
 37 16 mediation of temporary matters, and mediation of permanent
 37 17 residential arrangements and parenting responsibilities.  The
 37 18 mediator who reviews the intake fact sheet shall not mediate
 37 19 the matters of the parties identified in the intake fact
 37 20 sheet.
 37 21    (2)  A joint marriage assessment shall be conducted to
 37 22 determine if the marriage is reconcilable and the mediator
 37 23 shall recommend community resources that the parties may
 37 24 utilize to reconcile the marriage.  The joint marriage
 37 25 assessment shall be completed within thirty days of the filing
 37 26 of the answer to the petition.  The parties may request that
 37 27 the marriage assessment be performed by a private mediator in
 37 28 lieu of provision of services by a court-annexed mediator.  If
 37 29 an assessment has not been scheduled by the parties within
 37 30 thirty days of the filing of the answer to the petition, the
 37 31 court shall schedule an assessment with a court-annexed
 37 32 mediator.
 37 33    (3)  A certificate of completion of the marriage assessment
 37 34 shall be filed with the clerk of district court.  Following
 37 35 filing of the certificate, the court shall determine whether a
 38  1 stay of the proceedings or mediation shall be ordered.
 38  2 Additionally, a stay of the proceedings may be requested by
 38  3 the parties at any time.  If a stay is requested, a schedule
 38  4 shall be established to allow for utilization of community
 38  5 resources and mediation services.  The court may also stay the
 38  6 proceedings at any time until a date certain.
 38  7    (4)  A joint marriage assessment may be waived by the court
 38  8 for good cause, if the court identifies a history of domestic
 38  9 abuse between the parties, or if a party requests waiver of
 38 10 the joint marriage assessment.
 38 11    (5)  Prior to a hearing on the petition and following
 38 12 completion of the joint marriage assessment, unless mediation
 38 13 is waived by the court, the parties shall participate in
 38 14 mediation.  The parties may request, within forty days of the
 38 15 filing of the answer to the petition, that mediation be
 38 16 provided by a private mediator at the expense of the parties,
 38 17 in lieu of provision of mediation by the court-annexed
 38 18 mediator.  However, if private mediation services are
 38 19 provided, the court may also require participation of the
 38 20 parties in additional mediation provided by a court-annexed
 38 21 mediator.
 38 22    (6)  Court-ordered mediation may be waived by the court for
 38 23 good cause, if the court determines that a history of domestic
 38 24 abuse exists between the parties, if a party requests waiver
 38 25 of court-ordered mediation, or if the court-annexed mediator
 38 26 determines that the case is inappropriate for mediation.  The
 38 27 court order for mediation may include a schedule for
 38 28 participation in mediation and may require the mediator to
 38 29 file reports with the court.  Additionally, if the court or
 38 30 the mediator determines that joint sessions are not in the
 38 31 best interest of the parties, the parties may participate in
 38 32 mediation separately until such time as the mediator
 38 33 determines that joint sessions are in the best interest of the
 38 34 parties.  Failure to participate in court-ordered mediation
 38 35 may result in dismissal or stay of the proceedings.
 39  1    (7)  The costs of court-ordered mediation including the
 39  2 costs of the services of the mediator shall be taxed as court
 39  3 costs.  If the court determines that the parties are unable to
 39  4 pay all or a portion of the costs of court-ordered mediation,
 39  5 the court may waive or reduce the costs of the mediation
 39  6 proceedings.  The parties may resolve the issue of payment of
 39  7 mediation costs during mediation.  The costs of court-ordered
 39  8 mediation shall not exceed one hundred dollars per party.
 39  9    (8)  During court-ordered mediation, the parties shall
 39 10 disclose all relevant information.  However, evidence of the
 39 11 conduct or statements made in the course of court-ordered
 39 12 mediation shall be inadmissible in court to the extent that
 39 13 such conduct or statements are inadmissible pursuant to the
 39 14 Iowa rule of evidence regarding compromise and offers to
 39 15 compromise.
 39 16    (9)  A mediator shall maintain the confidentiality of the
 39 17 court-ordered mediation proceedings unless otherwise required
 39 18 by law including but not limited to section 622.10, to
 39 19 disclose the information.  A party participating in court-
 39 20 ordered mediation may refuse to disclose and may prevent any
 39 21 other person present at the proceeding from disclosing
 39 22 communications made during the proceedings.  Any oral or
 39 23 written communications resulting from court-ordered mediation
 39 24 proceedings with the exception of any settlement agreement,
 39 25 shall remain confidential and are inadmissible as evidence in
 39 26 any subsequent legal proceeding.  A mediator shall not be
 39 27 called upon to testify or to make recommendations during the
 39 28 court proceedings.  However, confidential information may be
 39 29 disclosed in a disciplinary proceeding involving the mediator
 39 30 for the internal use of the examining board investigating any
 39 31 complaint against a mediator, and any information relating to
 39 32 the disciplinary action shall not be released to the public
 39 33 until all references to otherwise privileged information are
 39 34 removed.
 39 35    (10)  Any attorney of a party may appear with the party
 40  1 during the court-ordered mediation proceedings.  However, at
 40  2 the discretion of the mediator, and with the agreement of the
 40  3 parties, court-ordered mediation proceedings may take place in
 40  4 the absence of the attorneys.
 40  5    (11)  Court-ordered mediation shall be completed within
 40  6 seventy-five days of the initial mediation conference unless
 40  7 otherwise ordered by the court.
 40  8    (12)  Following court-ordered mediation, if an agreement is
 40  9 reached on any issue or matter, the mediator shall reduce the
 40 10 agreement to writing and shall provide a copy of the agreement
 40 11 to the clerk of the district court.  The clerk shall forward a
 40 12 copy of the agreement to any attorneys of record or to any
 40 13 party appearing pro se.  If no written objections or suggested
 40 14 alternatives to the agreement are received by the clerk within
 40 15 twenty days of the mailing of the agreement, the document
 40 16 shall be forwarded to the court by the clerk for review.  The
 40 17 court shall enter the agreement as proposed or shall schedule
 40 18 a hearing.  The agreement shall be made part of the final
 40 19 judgment or order in the case.  A copy of the final judgment
 40 20 or order shall be sent by the clerk to any attorney of record
 40 21 or to any party appearing pro se.
 40 22    (13)  If the parties fail to reach an agreement on any
 40 23 issue or matter of court-ordered mediation, the mediator shall
 40 24 report the lack of agreement to the court.  The mediator's
 40 25 report shall identify any unresolved issues and any
 40 26 outstanding issues which might facilitate settlement, if
 40 27 resolved.  Any issue or matter unresolved through court-
 40 28 ordered mediation shall be presumed to require court
 40 29 intervention and shall be addressed through a hearing before
 40 30 the court.  The mediator's report shall also indicate whether
 40 31 both parties attended any mediation sessions, whether the
 40 32 issues were completely or partially settled, and any
 40 33 recommendations for review by the court.
 40 34    (14)  During the period of court-ordered mediation, the
 40 35 court may appoint an attorney, guardian ad litem, or court-
 41  1 appointed special advocate to represent the interests of any
 41  2 minor child or to perform investigations as provided pursuant
 41  3 to section 598.12.
 41  4    (15)  Unless stipulated by the parties or ordered by the
 41  5 court, discovery shall not be suspended during the court-
 41  6 ordered mediation process.
 41  7    d.  Parties who do not have a matter pending before the
 41  8 court who wish to participate in court-annexed mediation
 41  9 services, may request participation in these services.
 41 10 Services shall be provided to the parties based upon a
 41 11 sliding-fee schedule.  Any agreements reached by the parties
 41 12 shall be reduced to writing by the mediator and copies of any
 41 13 written agreement shall be provided to the parties.
 41 14    e.  The court may also order participation in court-annexed
 41 15 mediation services for parties to proceedings before the court
 41 16 in addition to divorce proceedings.
 41 17    f.  The chief judge of the third or sixth judicial
 41 18 district, respectively, shall do all of the following:
 41 19    (1)  Establish the qualifications for mediators who are to
 41 20 provide court-annexed or court-ordered mediation.
 41 21    (2)  Establish a sliding fee schedule for the provision of
 41 22 court-annexed mediation services to parties who do not have
 41 23 domestic relations matters pending before the court.
 41 24    (3)  Employ court-annexed mediators as follows:
 41 25    (a)  The chief judge of the third judicial district shall
 41 26 employ three court-annexed mediators.
 41 27    (b)  The chief judge of the sixth judicial district shall
 41 28 employ five court-annexed mediators.
 41 29    (4)  Develop an intake fact sheet to be completed by the
 41 30 parties who may subject to participation in court-ordered
 41 31 services and parties who request participation in court-
 41 32 annexed mediation services.  
 41 33                           DIVISION IV
 41 34                             REPEALS
 41 35    Sec. 60.  Sections 598.4, 598.6, 598.9, and 598.14, Code
 42  1 1995, are repealed.
 42  2    Sec. 61.  Section 598.8, Code Supplement 1995, is repealed.  
 42  3                           EXPLANATION
 42  4    This bill makes various changes in the portions of the Code
 42  5 relating to marriage and divorce.  The bill is divided into
 42  6 four divisions.
 42  7    Division I.  Division I of the bill includes substantive
 42  8 Code changes relating to marriage and divorce.  New section
 42  9 422.12F provides for a premarital counseling income tax
 42 10 credit.  If a married couple participates in premarital
 42 11 counseling and demonstrates participation in the counseling,
 42 12 the personal income taxes of the couple are to be reduced in
 42 13 an amount which is the actual cost of the counseling, not to
 42 14 exceed $100.  Additionally, the bill provides for a similar
 42 15 early marriage counseling credit which provides that if a
 42 16 married couple participates in counseling during the first
 42 17 five years of their marriage, the personal income taxes of the
 42 18 couple are to be reduced in an amount which is not to exceed
 42 19 $500 over the course of the five-year period.  The credit may
 42 20 be taken in one year or may be taken over the course of a
 42 21 five-year period.
 42 22    New Code section 595.3A provides for the notification of
 42 23 applicants for a license to marry of the rights and
 42 24 obligations incident to marriage and divorce and requires
 42 25 participation of the applicants in a program or the viewing of
 42 26 a videotape which provides information regarding the rights
 42 27 and obligations incident to marriage and divorce.  The bill
 42 28 provides for the required content of the notification,
 42 29 program, and videotape and requires completion of the program
 42 30 or viewing of the videotape prior to the issuance of the
 42 31 license to marry by the clerk of the district court.
 42 32    New Code sections 598.20 and 598.21 relate to premarital
 42 33 counseling and early marriage counseling for the purposes of
 42 34 the income tax credit created pursuant to new Code sections
 42 35 422.12F and 422.12G.  These sections establish the
 43  1 requirements for premarital and early marriage counseling,
 43  2 define premarital and early marriage counseling, and prescribe
 43  3 who may provide premarital and early marriage counseling.
 43  4    Section 598.1 is amended to provide legislative findings
 43  5 and intent for the divorce chapter of the Code.  Section
 43  6 598.1A provides definitions for use in the chapter including
 43  7 new definitions for "divorce," "family," "household," "in-kind
 43  8 support," "legitimate objects of matrimony," "marital home,"
 43  9 "marriage," "physical care," "residence," "separate
 43 10 maintenance," and "support payments."
 43 11    Section 598.7A of the Code is amended to provide that in
 43 12 every domestic relations proceeding or modification of any
 43 13 order to come before the court, the court is to determine
 43 14 whether the parties should participate in mediation to attempt
 43 15 to resolve the differences between the parties.
 43 16    Section 598.19 of the Code is amended to extend the waiting
 43 17 period for the granting of a divorce decree from 90 to 120
 43 18 days from the day the original notice is served or from the
 43 19 last day of publication of notice or from the date that waiver
 43 20 or acceptance of original notice is filed or until after
 43 21 conciliation is completed, whichever is longer.
 43 22    Section 598.21 of the Code is amended to provide that there
 43 23 is a presumption that the family home or at a minimum the
 43 24 right to live in the family home for a reasonable period shall
 43 25 be awarded to the party having custody of the children or to
 43 26 the party with primary physical care of the children unless it
 43 27 is not in the best interest of the child.  The award of the
 43 28 family home is to be independent of the property award
 43 29 entered.
 43 30    Section 598.41 of the Code is amended to provide that if
 43 31 the court determines that the granting of a divorce decree is
 43 32 not in the best interest of a child, the court may stay the
 43 33 proceedings for a time determined by the court or may dismiss
 43 34 the proceedings.  If the court dismisses the proceedings, the
 43 35 parties are prohibited from filing a new petition for divorce
 44  1 for a minimum period of 180 days.
 44  2    Division II of the bill provides technical changes to the
 44  3 Code relating to divorce and marriage, the majority of which
 44  4 change references to "dissolution of marriage" to "divorce".
 44  5    Division III of the bill establishes a court-annexed family
 44  6 mediation pilot project to be established in the third and
 44  7 sixth judicial districts.  The project provides for mediation
 44  8 and other services to parties involved in domestic relations
 44  9 matters.  Participation in mediation and other services is
 44 10 required for parties to a divorce proceeding.  Following the
 44 11 filing of a petition for divorce, the parties are required to
 44 12 complete an intake fact sheet and a marriage assessment.  The
 44 13 parties then participate in a joint marriage assessment with a
 44 14 mediator to determine if the marriage is reconcilable.
 44 15 Following these steps, the parties are required to participate
 44 16 in mediation.  The costs of mediation are to be paid by the
 44 17 parties and the cost of court-ordered mediation is not to
 44 18 exceed $100 per party.  Confidentiality provisions apply to
 44 19 information provided during mediation.  Following mediation,
 44 20 any agreements between the parties are to be submitted in
 44 21 writing to the court, following a period for review by the
 44 22 parties and attorneys of the parties.  The marriage assessment
 44 23 and mediation may be waived for several reasons including good
 44 24 cause or if a history of domestic abuse exists.  The bill also
 44 25 directs the chief judge of each of the two judicial districts
 44 26 involved to establish certain requirements for the projects.
 44 27    Division IV of the bill repeals certain sections of the
 44 28 Code.  The language repealed remains in the Code as additions
 44 29 to other sections of the Code.  
 44 30 LSB 3014HV 76
 44 31 pf/sc/14
     

Text: HF02472                           Text: HF02474
Text: HF02400 - HF02499                 Text: HF Index
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