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House Study Bill 4

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 598.8, Code 1995, is amended to read as
  1  2 follows:
  1  3    598.8  HEARINGS.
  1  4    1.  Hearings Except as otherwise provided in subsection 2,
  1  5 hearings for dissolution of marriage shall be held in open
  1  6 court upon the oral testimony of witnesses, or upon the
  1  7 depositions of such witnesses taken as in other equitable
  1  8 actions or taken by a commissioner appointed by the court.
  1  9 However, the The court may in its discretion close the
  1 10 hearing.  Hearings held for the purpose of determining child
  1 11 custody may be limited in attendance by the court.
  1 12    2.  The court may enter a decree of dissolution without a
  1 13 hearing if all of the following conditions have been met:
  1 14    a.  The parties have certified in writing that there has
  1 15 been a breakdown of the marriage relationship to the extent
  1 16 that the legitimate objects of matrimony have been destroyed
  1 17 and there remains no reasonable likelihood that the marriage
  1 18 can be preserved.
  1 19    b.  All documents required by the court and by statute have
  1 20 been filed.
  1 21    c.  The parties have entered into a written agreement
  1 22 settling all of the issues involved in the dissolution of
  1 23 marriage.  
  1 24                           EXPLANATION
  1 25    This bill permits the court to enter an order for
  1 26 dissolution of marriage without a hearing if the parties to
  1 27 the dissolution have certified in writing that there has been
  1 28 a breakdown in the marriage relationship, if all required
  1 29 documents have been filed, and if the parties have entered
  1 30 into a written agreement settling all of the issues involved
  1 31 in the dissolution of marriage.
  1 32    The court currently must hold a dissolution of marriage
  1 33 hearing but may close or limit attendance at certain hearings.  
  1 34 LSB 1028HH 76
  1 35 lh/cf/24
     
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