Text: HSB00631                          Text: HSB00633
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 632

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 97A.1, subsection 17, Code 1995, is
  1  2 amended to read as follows:
  1  3    17.  "Surviving spouse" shall mean the surviving spouse or
  1  4 former spouse of a marriage solemnized prior to retirement of
  1  5 a deceased member from active service.  Surviving spouse shall
  1  6 include a former spouse only if the division of assets in the
  1  7 dissolution of marriage divorce decree pursuant to section
  1  8 598.17 grants the former spouse rights of a spouse under this
  1  9 chapter.  If there is no surviving spouse of a marriage
  1 10 solemnized prior to retirement of a deceased member, surviving
  1 11 spouse includes a surviving spouse of a marriage of two years
  1 12 or more duration solemnized subsequent to retirement of the
  1 13 member.
  1 14    Sec. 2.  Section 144.37, Code 1995, is amended to read as
  1 15 follows:
  1 16    144.37  DISSOLUTION DIVORCE AND ANNULMENT RECORDS.
  1 17    For each dissolution divorce or annulment of marriage
  1 18 granted by any court in this state, a record shall be prepared
  1 19 by the clerk of court or by the petitioner or the petitioner's
  1 20 legal representative if directed by the clerk and filed by the
  1 21 clerk of court with the state registrar.  The information
  1 22 necessary to prepare the report shall be furnished with the
  1 23 petition, to the clerk of court by the petitioner or the
  1 24 petitioner's legal representative, on forms supplied by the
  1 25 state registrar.
  1 26    The clerk of the district court in each county shall keep a
  1 27 record book for dissolutions divorces.  The form of
  1 28 dissolution divorce record books shall be uniform throughout
  1 29 the state.  A properly indexed record of dissolutions divorces
  1 30 upon microfilm, electronic computer, or data processing
  1 31 equipment may be kept in lieu of dissolution divorce record
  1 32 books.
  1 33    On or before the tenth day of each calendar month, the
  1 34 clerk of court shall forward to the state registrar the record
  1 35 of each dissolution divorce and annulment granted during the
  2  1 preceding calendar month and related reports required by
  2  2 regulations issued under this chapter.
  2  3    Sec. 3.  Section 144.43, subsection 3, Code 1995, is
  2  4 amended to read as follows:
  2  5    3.  A record of divorce, dissolution of marriage, or
  2  6 annulment of marriage.
  2  7    Sec. 4.  Section 144.51, Code 1995, is amended to read as
  2  8 follows:
  2  9    144.51  INFORMATION BY OTHERS FURNISHED ON DEMAND.
  2 10    Any person having knowledge of the facts shall furnish
  2 11 information the person possesses regarding any birth, death,
  2 12 fetal death, adoption, marriage, dissolution divorce, or
  2 13 annulment, upon demand of the state registrar or the state
  2 14 registrar's representative.
  2 15    Sec. 5.  Section 252B.1, subsection 5, Code 1995, is
  2 16 amended to read as follows:
  2 17    5.  "Obligor" means the person legally responsible for the
  2 18 support of a child as defined in section 598.1 598.1A under a
  2 19 support order issued in this state or a foreign jurisdiction.
  2 20    Sec. 6.  Section 252B.6, subsection 2, Code 1995, is
  2 21 amended to read as follows:
  2 22    2.  Appear as a friend of the court in dissolution of
  2 23 marriage divorce and separate maintenance proceedings, or
  2 24 proceedings supplemental thereto, when either or both of the
  2 25 parties to the proceedings are receiving public assistance,
  2 26 for the purpose of advising the court of the financial
  2 27 interest of the state in the proceeding.
  2 28    Sec. 7.  Section 252B.6, subsection 4, unnumbered paragraph
  2 29 1, Code 1995, is amended to read as follows:
  2 30    If public assistance has been applied for or granted on
  2 31 behalf of a child of parents who are legally separated or
  2 32 whose marriage has been legally dissolved divorced, the unit
  2 33 may apply to the district court for a court order directing
  2 34 either or both parents to show cause for the following:
  2 35    Sec. 8.  Section 252B.13A, Code 1995, is amended to read as
  3  1 follows:
  3  2    252B.13A  COLLECTION SERVICES CENTER.
  3  3    The department shall establish within the unit a collection
  3  4 services center for the receipt and disbursement of support
  3  5 payments as defined in section 598.1 598.1A as required for
  3  6 orders by section 252B.14.  For purposes of this section,
  3  7 support payments do not include attorney fees, court costs, or
  3  8 property settlements.
  3  9    Sec. 9.  Section 252B.14, subsection 1, Code 1995, is
  3 10 amended to read as follows:
  3 11    1.  For the purposes of this section, "support order"
  3 12 includes any order entered pursuant to chapter 234, 252A,
  3 13 252C, 598, 600B, or any other support chapter or proceeding
  3 14 which establishes support payments as defined in section 598.1
  3 15 598.1A.
  3 16    Sec. 10.  Section 252D.1, subsection 1, Code 1995, is
  3 17 amended to read as follows:
  3 18    1.  As used in this chapter, unless the context otherwise
  3 19 requires, "support" or "support payments" means any amount
  3 20 which the court may require a person to pay for the benefit of
  3 21 a child under a temporary order or a final judgment or decree,
  3 22 and may include child support, maintenance, medical support as
  3 23 defined in chapter 252E, and, if contained in a child support
  3 24 order, spousal support, and any other term used to describe
  3 25 these obligations.  These obligations may include support for
  3 26 a child who is between the ages of eighteen and twenty-two
  3 27 years and who is regularly attending an accredited school in
  3 28 pursuance of a course of study leading to a high school
  3 29 diploma or its equivalent, or regularly attending a course of
  3 30 vocational technical training either as a part of a regular
  3 31 school program or under special arrangements adapted to the
  3 32 individual person's needs, or is, in good faith, a full-time
  3 33 student in a college, university, or community college, or has
  3 34 been accepted for admission to a college, university, or
  3 35 community college and the next regular term has not yet begun;
  4  1 and may include support for a child of any age who is
  4  2 dependent on the parties to the dissolution divorce
  4  3 proceedings because of physical or mental disability.
  4  4    Sec. 11.  Section 321.46, subsection 6, Code 1995, is
  4  5 amended to read as follows:
  4  6    6.  An applicant for a new registration for a vehicle
  4  7 transferred to the applicant by a spouse, parent or child of
  4  8 the applicant, or by operation of law upon inheritance, devise
  4  9 or bequest, from the applicant's spouse, parent or child, or
  4 10 by a former spouse pursuant to a divorce decree of dissolution
  4 11 of marriage, is entitled to a credit to be applied to the
  4 12 registration fee for the transferred vehicle.  A credit shall
  4 13 not be allowed unless the vehicle to which the credit applies
  4 14 is registered within the time specified under subsection 1.
  4 15 The credit shall be computed on the basis of the number of
  4 16 unexpired months remaining in the registration year of the
  4 17 former owner computed from the date the vehicle was
  4 18 transferred, computed to the nearest whole dollar.  The credit
  4 19 may exceed the amount of the registration fee for the
  4 20 transferred vehicle.  When the amount of the credit is
  4 21 computed to be an amount of less than ten dollars, the credit
  4 22 shall be disallowed.  The credit shall not be sold,
  4 23 transferred, or assigned to any other person.
  4 24    Sec. 12.  Section 410.10, subsection 3, unnumbered
  4 25 paragraph 3, Code 1995, is amended to read as follows:
  4 26    However, the benefits provided by this section are subject
  4 27 to the following definitions:  The term "spouse" means a
  4 28 surviving spouse of a marriage contracted prior to retirement
  4 29 of a deceased member from active service, or of a marriage of
  4 30 a retired member contracted prior to March 2, 1934.  Surviving
  4 31 spouse includes a former spouse only if the division of assets
  4 32 in the dissolution of marriage divorce decree pursuant to
  4 33 section 598.17 grants the former spouse rights of a spouse
  4 34 under this chapter.  If there is no surviving spouse of a
  4 35 marriage contracted prior to retirement of a deceased member,
  5  1 or of a marriage of a retired member contracted prior to March
  5  2 2, 1934, surviving spouse includes a surviving spouse of a
  5  3 marriage of two years or more duration contracted subsequent
  5  4 to retirement of the member.  The terms "child" and "children"
  5  5 mean only the surviving issue of a deceased active or retired
  5  6 member, or the child or children legally adopted by a deceased
  5  7 member prior to the member's retirement from active service.
  5  8    Sec. 13.  Section 411.1, subsection 19, Code 1995, is
  5  9 amended to read as follows:
  5 10    19.  "Surviving spouse" shall mean the surviving spouse of
  5 11 a marriage solemnized prior to retirement of a deceased member
  5 12 from active service.  Surviving spouse shall include a former
  5 13 spouse only if the division of assets in the dissolution of
  5 14 marriage divorce decree pursuant to section 598.17 grants the
  5 15 former spouse rights of a spouse under this chapter.  If there
  5 16 is no surviving spouse of a marriage solemnized prior to
  5 17 retirement of a deceased member, surviving spouse includes a
  5 18 surviving spouse of a marriage of two years or more duration
  5 19 solemnized subsequent to retirement of the member.
  5 20    Sec. 14.  NEW SECTION.  422.12F  PREMARITAL COUNSELING
  5 21 CREDIT.
  5 22    If a married couple participated in premarital counseling
  5 23 as provided in section 595.20, and demonstrates participation
  5 24 in the counseling by submission of a sworn affidavit by the
  5 25 counselor providing the services, the taxes imposed under this
  5 26 division for the year in which the marriage took place shall,
  5 27 in addition to any other reductions permitted under this
  5 28 division, be reduced by the actual cost of the counseling
  5 29 services not to exceed one hundred dollars.  Individuals who
  5 30 are married but elect to file separate returns or who file
  5 31 separately on a combined return form must allocate the credit
  5 32 between the spouses in the ratio which each spouse's Iowa
  5 33 source net income bears to the combined Iowa source net income
  5 34 of both taxpayers.  Any credit in excess of the tax liability
  5 35 shall be refunded.  In lieu of claiming a refund, a taxpayer
  6  1 may elect to have the overpayment shown on the taxpayer's
  6  2 final, completed return credited to the tax liability for the
  6  3 following taxable year.
  6  4    Sec. 15.  Section 428A.2, subsection 16, Code Supplement
  6  5 1995, is amended to read as follows:
  6  6    16.  Deeds for the transfer of property or the transfer of
  6  7 an interest in property when the deed is executed between
  6  8 former spouses pursuant to a divorce decree of dissolution of
  6  9 marriage.
  6 10    Sec. 16.  Section 509B.2, Code 1995, is amended to read as
  6 11 follows:
  6 12    509B.2  PERSONS INCLUDED IN THIS CHAPTER.
  6 13    1.  As used in this chapter, "termination of employment or
  6 14 membership" includes but is not limited to termination because
  6 15 of permanent or temporary layoff or approved leave of absence.
  6 16 A provision in this chapter which relates to termination of
  6 17 insurance under a group policy of an employee or member and
  6 18 the employee's or member's covered dependents includes
  6 19 termination of insurance with respect to the surviving or
  6 20 former spouse or children of an employee or member whose
  6 21 insurance would terminate because of dissolution divorce or
  6 22 annulment of the marriage of the employee or member, or would
  6 23 terminate because of death of the employee or member.
  6 24    2.  A provision in this chapter which relates to an em-
  6 25 ployee or member includes the surviving or former spouse or
  6 26 children if termination occurs because of dissolution divorce
  6 27 or annulment of a marriage or death of an employee or member.
  6 28    Sec. 17.  Section 509B.3, subsection 8, Code 1995, is
  6 29 amended to read as follows:
  6 30    8.  The spouse of an employee or member, and any covered
  6 31 dependent children of the employee or member, whose coverage
  6 32 under the group policy would otherwise terminate because of
  6 33 dissolution divorce or annulment of marriage or death of the
  6 34 employee or member shall have the same contribution and notice
  6 35 responsibilities and privileges as provided under this chapter
  7  1 to the employee or member upon termination of employment or
  7  2 membership.
  7  3    Sec. 18.  Section 509B.4, subsection 15, Code 1995, is
  7  4 amended to read as follows:
  7  5    15.  Subject to any preceding conditions, conversion
  7  6 privileges are available to a surviving spouse at the death of
  7  7 the employee or member, with respect to the spouse and
  7  8 children whose coverage under the group policy terminates by
  7  9 reason of the death, or to each surviving child whose coverage
  7 10 under the group policy terminates by reason of death, or when
  7 11 continuation of dependent's coverage is accepted following the
  7 12 employee's or member's death, at the end of the continuation.
  7 13 Subject to any preceding conditions, the conversion privilege
  7 14 is available to the spouse of the employee or member upon
  7 15 termination of coverage of the spouse, by reason of
  7 16 dissolution divorce or annulment of marriage or otherwise
  7 17 ceasing to be a qualified family member under the group
  7 18 policy, while the employee or member remains insured under the
  7 19 policy, or when continuation of dependent's coverage is
  7 20 elected following the dissolution divorce or annulment of
  7 21 marriage, at the end of continuation.  This conversion
  7 22 privilege includes children whose coverage under the group
  7 23 policy terminates at the same time.  Subject to any preceding
  7 24 conditions, the conversion privilege is also available to a
  7 25 child solely with respect to the child upon termination of
  7 26 coverage by reason of ceasing to be a qualified family member
  7 27 under the group policy, if a conversion privilege is not
  7 28 otherwise provided within this section.
  7 29    Sec. 19.  Section 558A.1, subsection 4, paragraph f, Code
  7 30 1995, is amended to read as follows:
  7 31    f.  A transfer between spouses resulting from a divorce
  7 32 decree of dissolution of marriage, a decree of legal
  7 33 separation, or a property settlement agreement which is
  7 34 incidental to the decree, including a decree ordered pursuant
  7 35 to chapter 598.
  8  1    Sec. 20.  NEW SECTION.  595.3A  RIGHTS AND OBLIGATIONS –
  8  2 NOTIFICATION.
  8  3    1.  Upon the filing of an application for a license to
  8  4 marry and prior to the issuance of a license to marry, all of
  8  5 the following conditions shall be met:
  8  6    a.  The clerk of the district court shall provide the
  8  7 applicants with written notice of the legal rights and
  8  8 obligations incident to marriage and divorce.
  8  9    b.  The applicants shall attend a program designed to
  8 10 provide information regarding the legal rights and obligations
  8 11 incident to marriage and divorce or shall view a videotape
  8 12 covering these topics.
  8 13    2.  The judicial council shall make recommendations to the
  8 14 supreme court regarding the written information, the program,
  8 15 and the videotape for applicants for a license to marry.  The
  8 16 supreme court shall prescribe rules based upon these
  8 17 recommendations for the implementation and administration of
  8 18 the written information, the program, and the videotape.  The
  8 19 rules prescribed shall include, at a minimum, all of the
  8 20 following:
  8 21    a.  That the content of the information provided through
  8 22 the written document, the program, and the videotape shall
  8 23 include all of the following:
  8 24    (1)  The legal rights and obligations of each party to a
  8 25 marriage or divorce relative to agreements, arrangements, or
  8 26 transactions entered into by either party prior to or during
  8 27 the marriage including but not limited to insurance coverage
  8 28 and consumer credit transactions.
  8 29    (2)  Inheritance rights.
  8 30    (3)  Support obligations during the marriage.
  8 31    (4)  Ownership of property, both real and personal, whether
  8 32 existing prior to the marriage or acquired or received by
  8 33 either party during the marriage.
  8 34    (5)  The effect of a premarital agreement.
  8 35    (6)  Support obligations which may be imposed following a
  9  1 divorce.
  9  2    (7)  Distribution of property pursuant to a divorce decree.
  9  3    (8)  Arrangements for awarding of custody and provision of
  9  4 support for minor children pursuant to a divorce decree.
  9  5    b.  A requirement that the written document, the program,
  9  6 and the videotape provide a means for evaluation by the
  9  7 recipients or participants.  Each judicial district shall
  9  8 submit an annual evaluation report to the judicial council
  9  9 based upon the responses received from the recipients or
  9 10 participants.
  9 11    c.  A provision that a judicial district may administer the
  9 12 program or the videotape through a contract with a private or
  9 13 public entity.  The services provided under a contract shall
  9 14 meet all of the criteria specified in paragraph "a".
  9 15    3.  Each judicial district shall establish a process to
  9 16 provide applicants for a license to marry with the written
  9 17 notice of the legal rights and obligations incident to
  9 18 marriage and to divorce and with information regarding
  9 19 required participation in the program or required viewing of
  9 20 the videotape.  The written notice and information regarding
  9 21 the program and videotape shall be provided through the office
  9 22 of the clerk of the district court.
  9 23    4.  Each applicant for a license to marry shall be
  9 24 responsible for making arrangements to participate in the
  9 25 program or to view the videotape, and each applicant shall
  9 26 participate in the program or view the videotape at the
  9 27 applicant's own expense.
  9 28    5.  Each applicant shall be provided with a certificate
  9 29 following completion of the program or following the viewing
  9 30 of the videotape.  The certificate constitutes evidence of
  9 31 participation or viewing and shall be submitted by an
  9 32 applicant to the clerk of the district court prior to the
  9 33 issuance of a license to marry.
  9 34    Sec. 21.  NEW SECTION.  595.20  PREMARITAL COUNSELING.
  9 35    1.  "Premarital counseling" means one or more meetings,
 10  1 totalling at least six hours, between two parties, who are
 10  2 eligible to enter into a marriage contract and have either
 10  3 made application for a marriage license or intend to apply for
 10  4 a marriage license, and one or more neutral parties for
 10  5 purposes of discussing the rights, expectations, needs,
 10  6 obligations, and other commitments incident to the marriage
 10  7 contract, including, but not limited to, discussion about
 10  8 children, finances, relationships with new family members,
 10  9 sex, religion, roles, and communication and conflict
 10 10 resolution skills.
 10 11    2.  In the course of premarital counseling, the parties and
 10 12 the counselor shall evaluate the parties' compatibility as a
 10 13 couple and their commitment to one another.
 10 14    3.  Premarital counseling may be provided by any or a
 10 15 combination of any of the following:
 10 16    a.  A member of the clergy.
 10 17    b.  Staff of a church or other religious organization.
 10 18    c.  A trained or certified counselor.
 10 19    Sec. 22.  Section 596.5, subsection 1, paragraph c, Code
 10 20 1995, is amended to read as follows:
 10 21    c.  The disposition of property upon separation,
 10 22 dissolution of the marriage divorce, death, or the occurrence
 10 23 or nonoccurrence of any other event.
 10 24    Sec. 23.  Section 598.1, Code 1995, is amended by striking
 10 25 the section and inserting in lieu thereof the following:
 10 26    598.1  LEGISLATIVE FINDINGS AND INTENT.
 10 27    The general assembly of the state of Iowa finds that the
 10 28 family is the unit of self-government best able to teach and
 10 29 practice the virtues that benefit not only the members of the
 10 30 family, but also all citizens of this state and of this
 10 31 country.  The general assembly further finds that the
 10 32 institution of marriage embodies virtues which promote
 10 33 societal stability, including loyalty, commitment, trust,
 10 34 mutual support, faithfulness, self-sacrifice, adherence to
 10 35 duty, hope, and love.  The general assembly also finds that
 11  1 the integrity and permanence of the marriage relationship is
 11  2 of vital importance to the welfare of society and of the
 11  3 people of the state of Iowa.
 11  4    The general assembly finds that when the state has failed
 11  5 to apply and enforce the provisions of civil contracts of
 11  6 marriage vast social, financial, and human costs have been
 11  7 imposed upon all Iowans.  Crime and disrespect for authority
 11  8 derive in large part from the breakdown of authority within
 11  9 the family unit which, in turn, is largely a result of divorce
 11 10 and births outside of wedlock and the separation of parents
 11 11 from their children.  Police, courts, schools, social
 11 12 agencies, state government, and private volunteer groups can
 11 13 provide, at best, only secondary assistance in child rearing
 11 14 or the regulation of human relationships and then only at
 11 15 increasingly prohibitive costs.  Furthermore, social science
 11 16 demonstrates that divorced spouses and their children suffer
 11 17 severe declines in financial status and are much more
 11 18 susceptible to depression and other mental health problems
 11 19 than are persons involved in stable marriages.  Additionally,
 11 20 incidents of child abuse occur in disproportionately great
 11 21 numbers at the hands of individuals living in households in
 11 22 which the individuals are not the parents of the abused child.
 11 23    Consequently, the general assembly concludes that divorce
 11 24 should be discouraged and that the institution of marriage
 11 25 requires strengthening, by enforcement of its obligations,
 11 26 through legal recognition of the permanence of the
 11 27 relationship, and by application of sanctions against those
 11 28 who would violate the contract of marriage.  The general
 11 29 assembly further concludes that, as a matter of state policy
 11 30 and legal presumption, the laws of this state should be
 11 31 construed to strongly support the formation, existence,
 11 32 continuation, and permanency of marital relationships, and
 11 33 should be construed to discourage the dissolution,
 11 34 infringement, or inhibition of marriages.
 11 35    It is therefore the intent of the general assembly that
 12  1 this chapter be construed to effectuate the following
 12  2 purposes:
 12  3    1.  To promote the best interests of children by assuring
 12  4 that as many children as possible are under the direct care,
 12  5 parental supervision, and custody of both their mothers and
 12  6 their fathers.
 12  7    2.  To promote the best interests of Iowa taxpayers and
 12  8 citizens, by reducing the burden of social and human costs
 12  9 generated by the breaking up of families and homes which
 12 10 results from no-fault divorce.
 12 11    3.  To promote the best interests of men and women, both as
 12 12 individuals owing legal and moral duties to one another and as
 12 13 participants in the institution of marriage, by furthering
 12 14 policies which support the parties' marital vows, mental and
 12 15 financial well-being, and social responsibility.
 12 16    Sec. 24.  NEW SECTION.  598.1A  DEFINITIONS.
 12 17    As used in this chapter, unless the context otherwise
 12 18 requires:
 12 19    1.  "Adultery" means the voluntary commission of one or
 12 20 more sex acts, as defined under section 702.17, by a married
 12 21 person with another person who is not the person's spouse.
 12 22    2.  "Best interest of the child" includes, but is not
 12 23 limited to, the opportunity for maximum continuous physical
 12 24 and emotional contact possible with both parents, unless
 12 25 direct physical or significant emotional harm to the child may
 12 26 result from this contact.  Refusal by one parent to provide
 12 27 this opportunity without just cause shall be considered
 12 28 harmful to the best interest of the child.
 12 29    3.  "Desertion" means an abdication by one party to the
 12 30 marriage of the party's marital duties and consequent
 12 31 abandonment of the legitimate objects of matrimony including
 12 32 all of the following:
 12 33    a.  The willful and continuous absence of a party to a
 12 34 marriage from the marital home, without reasonable cause and
 12 35 without consent of the other party to the marriage, for a
 13  1 period of at least two years, together with the consistent
 13  2 failure to provide substantial monetary or other necessary
 13  3 support for other members of the family.  These absences may
 13  4 include absences resulting from incarceration.
 13  5    b.  The willful and consistent failure of a party to a
 13  6 marriage to provide substantial monetary or other necessary
 13  7 support for the other members of the family, which failure to
 13  8 provide occurs without the consent of the other party to the
 13  9 marriage, and for a period of at least one year while claiming
 13 10 residence in the marital home.
 13 11    4.  "Divorce" means the dissolving of a marriage
 13 12 relationship by an order or decree of a court of competent
 13 13 jurisdiction and is synonymous with the term "dissolution of
 13 14 marriage".
 13 15    5.  "Emotional abuse" means a consistent and malicious
 13 16 course of outrageous conduct by one party to the marriage
 13 17 beyond all bounds of decency and utterly intolerable to any
 13 18 reasonable person, which is intended to cause, and actually
 13 19 and proximately causes, extreme emotional distress to the
 13 20 other party to the marriage.  The distress must be clearly and
 13 21 directly demonstrated by either physical symptoms or by a
 13 22 notable and observable distressful mental reaction.  Any
 13 23 instance relied upon to demonstrate the course of conduct must
 13 24 have occurred within a one-year period and must constitute
 13 25 sufficient evidence to prove intentional infliction of severe
 13 26 emotional distress.
 13 27    6.  "Family" means the social unit comprising a husband,
 13 28 wife, and any dependent children, including stepchildren and
 13 29 adoptive children.
 13 30    7.  "Fault" means an act or acts which constitute adultery,
 13 31 desertion, domestic abuse or any other type of physical or
 13 32 emotional abuse perpetrated against the petitioner or child
 13 33 abuse perpetrated against a child of the household by the
 13 34 respondent, or habitual use and abuse of alcohol or a
 13 35 controlled substance by the respondent.
 14  1    8.  "Household" means the social unit comprising an
 14  2 individual or individuals exercising legal authority together
 14  3 with others related by consanguinity or affinity, living
 14  4 together in the same home under authority of a designated
 14  5 head.
 14  6    9.  "In-kind support" means care of any minor children and
 14  7 maintenance of the marital home.
 14  8    10.  "Joint custody" or "joint legal custody" means an
 14  9 award of custody of a minor child to both parents under which
 14 10 both parents have rights and responsibilities toward the child
 14 11 and under which neither parent has rights superior to those of
 14 12 the other parent.  The court may award physical care to one
 14 13 parent only.
 14 14    11.  "Legitimate objects of matrimony" means fundamental
 14 15 reasons and purposes for entering and continuing in a marriage
 14 16 relationship, including, but not limited to, the following:
 14 17    a.  Procreation and the raising of children.
 14 18    b.  Protection of the other spouse and any children from
 14 19 harm.
 14 20    c.  Providing for the needs of the other spouse and any
 14 21 children.
 14 22    d.  Establishment of a marital home.
 14 23    e.  The advancement of the best interests of both spouses
 14 24 and any children.
 14 25    f.  Love, companionship, comfort, physical care and
 14 26 assistance, and other forms of consortium between the spouses
 14 27 and any children.
 14 28    g.  Sexual relations between spouses.
 14 29    12.  "Marital home" means the residence established by a
 14 30 husband and wife which is, or is intended to be, the residence
 14 31 for both spouses and any children of the marriage.
 14 32    13.  "Marriage" is the legal relationship between a man and
 14 33 a woman and excluding all others, which is established by a
 14 34 civil contract between them as a voluntary social, legal,
 14 35 physical, familial, and economic unit for life, for the
 15  1 discharge of the duties imposed by the marriage contract and
 15  2 for the joint pursuit of the legitimate objects of matrimony.
 15  3    14.  "Mediation" means a process for adjustment and
 15  4 settlement of marital disputes in a friendly manner in which a
 15  5 third party facilitates communication between and counsels the
 15  6 husband and wife with the objectives of restoring harmony to
 15  7 the marriage and family relations, promotes the legitimate
 15  8 objects of matrimony, and promotes mutually acceptable
 15  9 settlements of disputes.  "Mediation" is synonymous with
 15 10 conciliation, the subject matter of mediation shall
 15 11 specifically include, but is not limited to, presentation and
 15 12 discussion of problems which will be faced by both spouses and
 15 13 any children of the marriage in the event of divorce.
 15 14    15.  "Mediator" means a person who provides mediation
 15 15 services and may include pastors, priests, therapists,
 15 16 psychologists, social workers, and other persons highly
 15 17 trained or experienced in promoting family and marital
 15 18 harmony, as authorized by court rule.
 15 19    16.  "Minor child" means any person under legal age.
 15 20    17.  "Physical care" means the right and responsibility to
 15 21 maintain the principal home of the minor child and provide for
 15 22 the routine care of the child.
 15 23    18.  "Residence" means a fixed or permanent abode in which
 15 24 a person lives and to which the person, after being absent,
 15 25 returns or intends to return.
 15 26    19.  "Separate maintenance" means an allowance granted to
 15 27 one spouse for support during the period in which the spouses
 15 28 are living apart, in separate households.
 15 29    20.  "Support" means the duty owed by a spouse to another,
 15 30 or by a parent to a child, to advance the general welfare of
 15 31 the support recipient and includes, but is not limited to,
 15 32 provision of food, clothing, shelter, and other necessaries of
 15 33 life.  Support may be fixed by court order in the form of
 15 34 periodic cash support payments.  The obligations may include
 15 35 support for a child who is between the ages of eighteen and
 16  1 twenty-two years who is regularly attending an accredited
 16  2 school in pursuance of a course of study leading to a high
 16  3 school diploma or its equivalent, or regularly attending a
 16  4 course of vocational-technical training either as a part of a
 16  5 regular school program or under special arrangements adapted
 16  6 to the individual person's needs; or is, in good faith, a
 16  7 full-time student in a college, university, or community
 16  8 college; or has been accepted for admission to a college,
 16  9 university, or community college and the next regular term has
 16 10 not yet begun; or a child of any age who is dependent on the
 16 11 parties to the divorce proceedings because of physical or
 16 12 mental disability.
 16 13    21.  "Support payments" means an amount which the court may
 16 14 require either of the parties to pay under a temporary order
 16 15 or a final judgment or decree, and may include alimony, child
 16 16 support, maintenance, medical payments, and any other term
 16 17 used to describe these support obligations.
 16 18    Sec. 25.  Section 598.3, Code 1995, is amended to read as
 16 19 follows:
 16 20    598.3  KIND OF ACTION – JOINDER.
 16 21    An action for dissolution of marriage divorce shall be by
 16 22 equitable proceedings, and no cause of action, save for
 16 23 alimony, shall be joined therewith with the action.  Such
 16 24 actions shall not be subject to counterclaim or cross petition
 16 25 by the respondent.  After the appearance of the respondent, no
 16 26 dismissal of the cause of action shall be allowed unless both
 16 27 the petitioner and the respondent sign the dismissal.
 16 28    Sec. 26.  Section 598.5, unnumbered paragraph 1, and
 16 29 subsections 5, 7, and 10, Code 1995, are amended to read as
 16 30 follows:
 16 31    The petition for dissolution of marriage divorce shall:
 16 32    5.  State whether or not a separate action for dissolution
 16 33 of marriage divorce has been commenced by the respondent and
 16 34 whether such action is pending in any court in this state or
 16 35 elsewhere.
 17  1    7.  Allege that there has been a breakdown of the marriage
 17  2 relationship to the extent that the legitimate objects of
 17  3 matrimony have been destroyed and there remains no reasonable
 17  4 likelihood that the marriage can be preserved.  Be verified by
 17  5 the petitioner and shall allege one or more of the following
 17  6 grounds for divorce:
 17  7    a.  If both parties mutually agree to the divorce, that
 17  8 there has been a breakdown of the marriage relationship to the
 17  9 extent that the legitimate objects of matrimony have been
 17 10 destroyed and there is no reasonable likelihood that the
 17 11 marriage can be preserved.
 17 12    b.  If a party objects to the divorce, that at least one of
 17 13 the following applies:
 17 14    (1)  The respondent has committed adultery subsequent to
 17 15 the date of the marriage in question and not in collusion with
 17 16 the petitioner for the purposes of procuring a divorce.
 17 17    (2)  The respondent has deserted the petitioner.
 17 18    (3)  That the petitioner is a victim of domestic abuse as
 17 19 defined in section 236.2 or any other physical or emotional
 17 20 abuse, or any child of the household is a victim of child
 17 21 abuse as defined in section 232.68, and that the respondent is
 17 22 the perpetrator of the abuse.
 17 23    (4)  That the respondent habitually uses and abuses alcohol
 17 24 or a controlled substance.
 17 25    10.  State whether the appointment of a conciliator
 17 26 pursuant to section 598.16 may If the residence of both
 17 27 parties to the marriage is known, state that mediation
 17 28 pursuant to section 598.16A has been attempted but has failed
 17 29 to preserve the marriage.
 17 30    Sec. 27.  Section 598.5, Code 1995, is amended by adding
 17 31 the following new subsections:
 17 32    NEW SUBSECTION.  11.  Except where the respondent is a
 17 33 resident of this state and is served by personal service,
 17 34 state that the petitioner has been a resident of the state for
 17 35 the last year, specifying the county in which the petitioner
 18  1 has resided, and the length of the residence in the state
 18  2 after deducting all absences from the state; and that the
 18  3 maintenance of the residence has been in good faith and not
 18  4 for the purpose of obtaining a divorce only.
 18  5    NEW SUBSECTION.  12.  Make any necessary averments as to
 18  6 child custody required pursuant to section 598A.9.
 18  7    Sec. 28.  Section 598.5, subsections 6 and 7, Code 1995,
 18  8 are amended by striking the subsections.
 18  9    Sec. 29.  Section 598.9, Code 1995, is amended to read as
 18 10 follows:
 18 11    598.9  RESIDENCE – FAILURE OF PROOF.
 18 12    If the averments as to residence allegations of the
 18 13 petition, including the grounds for divorce, are not fully
 18 14 proved by clear and convincing evidence, the hearing shall
 18 15 proceed no further, and the action shall be dismissed by the
 18 16 court.
 18 17    Sec. 30.  Section 598.11, Code 1995, is amended to read as
 18 18 follows:
 18 19    598.11  TEMPORARY ORDERS.
 18 20    1.  The court may order either party to pay the clerk a sum
 18 21 of money for the separate support and maintenance of the other
 18 22 party and the children and to enable such party to prosecute
 18 23 or defend the action.  The order may be made whether the
 18 24 action is original or is a modification of a preexisting
 18 25 divorce decree.  The court may on its own motion and shall
 18 26 upon application of either party or an attorney appointed
 18 27 under section 598.12 determine the temporary custody of any
 18 28 minor child whose welfare may be affected by the filing of the
 18 29 petition for dissolution divorce.
 18 30    2.  The court may make such an order when a claim for
 18 31 temporary support is made by the petitioner in the petition,
 18 32 or upon application of either party, after service of the
 18 33 original notice and when no application is made in the
 18 34 petition; however, no such order shall be entered until at
 18 35 least five days' notice of hearing, and opportunity to be
 19  1 heard, is given the other party.  Appearance by an attorney or
 19  2 the respondent for such hearing shall be deemed a special
 19  3 appearance for the purpose of such hearing only and not a
 19  4 general appearance.  An order entered pursuant to this section
 19  5 shall contain the names, birth dates, addresses, and counties
 19  6 of residence of the petitioner and respondent.
 19  7    3.  In making temporary orders, the court shall take into
 19  8 consideration the age of the applicant, the physical and
 19  9 pecuniary condition of the parties, and other matters as are
 19 10 pertinent, which may be shown by affidavits, as the court may
 19 11 direct.
 19 12    4.  After notice and hearing, subsequent changes in
 19 13 temporary orders may be made by the court on application of
 19 14 either party demonstrating a substantial change in the
 19 15 circumstances occurring subsequent to the issuance of such
 19 16 order.  If the order is not so modified it shall continue in
 19 17 force and effect until the action is dismissed or a divorce
 19 18 decree is entered.
 19 19    Sec. 31.  Section 598.13, unnumbered paragraph 1, Code
 19 20 1995, is amended to read as follows:
 19 21    Both parties shall disclose their financial status.  A
 19 22 showing of special circumstances shall not be required before
 19 23 the disclosure is ordered.  A statement of net worth set forth
 19 24 by affidavit on a form prescribed by the supreme court and
 19 25 furnished without charge by the clerk of the district court
 19 26 shall be filed by each party prior to the dissolution divorce
 19 27 hearing.  However, the parties may waive this requirement upon
 19 28 application of both parties and approval by the court.
 19 29    Sec. 32.  NEW SECTION.  598.16A  MEDIATION.
 19 30    1.  A petition for divorce shall not be heard until the
 19 31 parties have participated in at least twelve hours of
 19 32 prehearing mediation with a mediator.  Following mediation,
 19 33 the petitioner shall file a petition within thirty days or
 19 34 shall, within thirty days, file an affidavit with the court
 19 35 that the mediation has been unsuccessful in restoring the
 20  1 relationship.  Upon the request of either party, the court may
 20  2 provide security during the mediation sessions if a history of
 20  3 domestic violence relating to either party exists.
 20  4    2.  Following the filing of a petition for divorce with the
 20  5 court, a mediator shall be selected by the parties within
 20  6 fifteen days of the service of the petition.  The method of
 20  7 selection and qualification criteria shall be determined by
 20  8 the parties.  If the parties are unable to agree to the
 20  9 selection of a mediator within the fifteen-day period, the
 20 10 court may, upon the request of the petitioner, select a
 20 11 mediator based upon standards developed by the judicial
 20 12 council.
 20 13    3.  If the parties are unable to reach an agreement
 20 14 regarding restoration of the relationship following
 20 15 participation in mediation, or if at any time during the
 20 16 mediation process either party requests termination of the
 20 17 mediation or the mediator determines that mediation will be
 20 18 unsuccessful in restoring the relationship, the mediator shall
 20 19 file a sworn statement of nonagreement with the court.  The
 20 20 judicial council shall develop the nonagreement form to be
 20 21 submitted.  Upon the filing of the statement of nonagreement,
 20 22 the matter shall be set for hearing so that the matter
 20 23 receives priority.  The hearing on the petition shall not be
 20 24 held until the mediator's sworn statement is filed, unless the
 20 25 matter constitutes an emergency or the hearing is held on
 20 26 temporary matters only.
 20 27    4.  Any statements made by the parties during mediation are
 20 28 subject to the Iowa rule of evidence regarding compromise and
 20 29 offers to compromise.  A party who participates in mediation
 20 30 shall retain the right to discovery to the extent available in
 20 31 divorce proceedings.
 20 32    5.  The judicial council shall develop the procedure to be
 20 33 followed in submitting actions for mediation under this
 20 34 section.
 20 35    6.  In addition to the provisions pursuant to subsection 3,
 21  1 mediation requirements pursuant to this section may be waived
 21  2 by the court after a hearing or upon a demonstration that the
 21  3 petitioner is a victim of domestic abuse, as defined in
 21  4 section 236.2, and the mediation would expose the petitioner
 21  5 to additional abuse, or that participation in mediation is
 21  6 physically impossible due to specific situations including the
 21  7 absence of a party.
 21  8    7.  If the parties do not participate in mediation, the
 21  9 petition shall state the reasons for the nonparticipation.
 21 10    8.  Costs of mediation shall be paid by the parties, or as
 21 11 the court directs.
 21 12    Sec. 33.  Section 598.17, Code 1995, is amended to read as
 21 13 follows:
 21 14    598.17  DISSOLUTION OF MARRIAGE DIVORCE – HEARINGS –
 21 15 EVIDENCE.
 21 16    1.  Except as otherwise provided in subsection 4, hearings
 21 17 for divorce shall be held in open court upon the oral
 21 18 testimony of witnesses, or upon the depositions of such
 21 19 witnesses taken as in other equitable actions or taken by a
 21 20 commissioner appointed by the court.  However, the court may
 21 21 in its discretion close the hearing.  Hearings held for the
 21 22 purpose of determining child custody may be limited in
 21 23 attendance by the court.  Upon the request of either party,
 21 24 the court may provide security in the courtroom during the
 21 25 divorce or custody hearings if a history of domestic abuse
 21 26 relating to either party exists.
 21 27    2.  A divorce decree dissolving the marriage may be entered
 21 28 when the court is satisfied from the by clear and convincing
 21 29 evidence presented that there has been a breakdown of the
 21 30 marriage relationship to the extent that the legitimate
 21 31 objects of matrimony have been destroyed and there remains no
 21 32 reasonable likelihood that the marriage can be preserved the
 21 33 allegations of fault raised in the petition or the response,
 21 34 or any counterclaims to either the petition or the response
 21 35 have been established.  The decree shall state that the
 22  1 dissolution is granted to the parties, and shall not state
 22  2 that it is granted to only one party.  If the averments as to
 22  3 residence are not fully proved, the hearing shall proceed no
 22  4 further, and the action shall be dismissed by the court.  All
 22  5 evidence offered by the petitioner shall be corroborated.  A
 22  6 divorce shall not be granted on the testimony of either party
 22  7 alone, and a divorce shall not be granted if the court
 22  8 reasonably believes the parties have conspired to obtain a
 22  9 divorce, or that one or more of the parties has committed
 22 10 perjury or any other criminal act in order to obtain a
 22 11 divorce.
 22 12    If at the time of trial petitioner fails to present
 22 13 satisfactory evidence that there has been a breakdown of the
 22 14 marriage relationship to the extent that the legitimate
 22 15 objects of matrimony have been destroyed and there remains no
 22 16 reasonable likelihood that the marriage can be preserved, the
 22 17 respondent may then proceed to present such evidence as though
 22 18 the respondent had filed the original petition.
 22 19    No marriage dissolution granted due to the mental illness
 22 20 of one of the spouses shall relieve the other spouse of any
 22 21 obligation imposed by law as a result of the marriage for the
 22 22 support of the mentally ill spouse.  The court may make an
 22 23 order for such support or may waive the support obligation
 22 24 when satisfied from the evidence that it would create an undue
 22 25 hardship on the obliged spouse or that spouse's other
 22 26 dependents.
 22 27    3.  The decree shall state that the divorce is granted to
 22 28 the parties, and shall not state that it is granted to only
 22 29 one party.
 22 30    4.  Notwithstanding any other provision to the contrary,
 22 31 the court may enter a divorce decree without a hearing under
 22 32 either of the following circumstances:
 22 33    a.  All of the following circumstances have been met:
 22 34    (1)  The parties have certified in writing under oath that
 22 35 there has been a breakdown of the marriage relationship to the
 23  1 extent that the legitimate objects of matrimony have been
 23  2 destroyed and there remains no reasonable likelihood that the
 23  3 marriage can be preserved.
 23  4    (2)  All documents required by the court and by statute
 23  5 have been filed including the mediator's affidavit pursuant to
 23  6 section 598.16A.
 23  7    (3)  The parties have entered into a written agreement
 23  8 settling all of the issues involved in the divorce.
 23  9    (4)  There are no children of the marriage for whom
 23 10 support, as defined under section 598.1A, may be ordered.
 23 11    b.  The respondent has not entered an appearance or filed a
 23 12 motion or pleading in the case, the waiting period provided
 23 13 under section 598.19 has expired, and all of the following
 23 14 circumstances have been met:
 23 15    (1)  The petitioner has certified in writing either that
 23 16 fault exists or that there has been a breakdown of the
 23 17 marriage relationship to the extent that the legitimate
 23 18 objects of matrimony have been destroyed and there remains no
 23 19 reasonable likelihood that the marriage can be preserved.
 23 20    (2)  All documents required by the court and by statute
 23 21 have been filed including the mediator's affidavit pursuant to
 23 22 section 598.16A.
 23 23    (3)  There are no children of the marriage for whom
 23 24 support, as defined under section 598.1A, may be ordered.
 23 25    Sec. 34.  Section 598.18, Code 1995, is amended to read as
 23 26 follows:
 23 27    598.18  RECRIMINATION NOT A BAR TO DISSOLUTION OF MARRIAGE.
 23 28    If, upon the trial of an action for dissolution of marriage
 23 29 divorce, both of the parties are found to have committed an
 23 30 act or acts which would support or justify a divorce decree of
 23 31 dissolution of marriage, such dissolution the divorce may be
 23 32 decreed, and the acts of one party shall not automatically
 23 33 negate the acts of the other, nor serve to bar the dissolution
 23 34 decree in any way but the court may consider the acts of
 23 35 either party when determining whether a divorce should be
 24  1 granted.
 24  2    Sec. 35.  Section 598.19, Code 1995, is amended to read as
 24  3 follows:
 24  4    598.19  WAITING PERIOD BEFORE DECREE.
 24  5    No A divorce decree dissolving a marriage shall not be
 24  6 granted in any proceeding before ninety one hundred twenty
 24  7 days shall have elapsed from the day the original notice is
 24  8 served, or from the last day of publication of notice, or from
 24  9 the date that waiver or acceptance of original notice is filed
 24 10 or until after conciliation mediation is completed, whichever
 24 11 period shall be longer.  However, the court may in its
 24 12 discretion, on written motion supported by affidavit setting
 24 13 forth grounds of emergency or necessity and facts which
 24 14 satisfy the court that immediate action is warranted or
 24 15 required to protect the substantive rights or interests of any
 24 16 party or person who might be affected by the decree, hold a
 24 17 hearing and grant a divorce decree dissolving the marriage
 24 18 prior to the expiration of the applicable period, provided
 24 19 that requirements of notice have been complied with.  In such
 24 20 case the grounds of emergency or necessity and the facts with
 24 21 respect thereto shall be recited in the decree unless
 24 22 otherwise ordered by the court.  The court may enter an order
 24 23 finding the respondent in default and waiving conciliation
 24 24 mediation when the respondent has failed to file an appearance
 24 25 within the time set forth in the original notice.
 24 26    Sec. 36.  Section 598.20, Code 1995, is amended to read as
 24 27 follows:
 24 28    598.20  FORFEITURE OF MARITAL RIGHTS.
 24 29    When a dissolution of marriage divorce is decreed the
 24 30 parties shall forfeit all rights acquired by marriage which
 24 31 are not specifically preserved in the decree.  This provision
 24 32 shall not obviate any of the provisions of section 598.21.
 24 33    Sec. 37.  Section 598.21, Code Supplement 1995, is amended
 24 34 to read as follows:
 24 35    598.21  ORDERS FOR DISPOSITION AND SUPPORT.
 25  1    1.  Upon every judgment of annulment, dissolution divorce
 25  2 or separate maintenance the court shall divide the property of
 25  3 the parties and transfer the title of the property
 25  4 accordingly.  The court may protect and promote the best
 25  5 interests of children of the parties by setting aside a
 25  6 portion of the property of the parties in a separate fund or
 25  7 conservatorship for the support, maintenance, education and
 25  8 general welfare of the minor children.  The court shall divide
 25  9 all property, except inherited property or gifts received by
 25 10 one party, equitably between the parties after considering all
 25 11 of the following:
 25 12    a.  The length of the marriage.
 25 13    b.  The property brought to the marriage by each party.
 25 14    c.  The contribution of each party to the marriage, giving
 25 15 appropriate economic value to each party's contribution in
 25 16 homemaking and child care services.
 25 17    d.  The age and physical and emotional health of the
 25 18 parties.
 25 19    e.  The contribution by one party to the education,
 25 20 training or increased earning power of the other.
 25 21    f.  The earning capacity of each party, including
 25 22 educational background, training, employment skills, work
 25 23 experience, length of absence from the job market, custodial
 25 24 responsibilities for children and the time and expense
 25 25 necessary to acquire sufficient education or training to
 25 26 enable the party to become self-supporting at a standard of
 25 27 living reasonably comparable to that enjoyed during the
 25 28 marriage.
 25 29    g.  The desirability of awarding the family home or the
 25 30 right to live in the family home for a reasonable period to
 25 31 the party having custody of the children, or if the parties
 25 32 have joint legal custody, to the party having physical care of
 25 33 the children.
 25 34    h. g.  The amount and duration of an order granting support
 25 35 payments to either party pursuant to subsection 3 and whether
 26  1 the property division should be in lieu of such payments.
 26  2    i. h.  Other economic circumstances of each party,
 26  3 including pension benefits, vested or unvested, and future
 26  4 interests.
 26  5    j. i.  The tax consequences to each party.
 26  6    k. j.  Any written agreement made by the parties concerning
 26  7 property distribution.
 26  8    l. k.  The provisions of an antenuptial agreement.
 26  9    l.  The fault attributable to a party.
 26 10    m.  Other factors the court may determine to be relevant in
 26 11 an individual case.
 26 12    1A.  The court shall award the family home or at a minimum
 26 13 the right to live in the family home for a reasonable period
 26 14 to the party having custody of the children, or if the parties
 26 15 have joint legal custody, to the party having physical care of
 26 16 the children, absent a showing that this award is not in the
 26 17 best interests of the child.  The award shall be independent
 26 18 of the property award entered pursuant to subsection 1.
 26 19    2.  Property inherited by either party or gifts received by
 26 20 either party prior to or during the course of the marriage is
 26 21 the property of that party and is not subject to a property
 26 22 division under this section except upon a finding that refusal
 26 23 to divide the property is inequitable to the other party or to
 26 24 the children of the marriage.
 26 25    2A.  The court shall reduce the share of property received
 26 26 by a party found to be at fault by an amount deemed
 26 27 appropriate under the specific circumstances but in no event
 26 28 by less than twenty percent of the total value of marital
 26 29 property.
 26 30    3.  Upon every judgment of annulment, dissolution divorce,
 26 31 or separate maintenance, the court may grant an order
 26 32 requiring support payments to either party for a limited or
 26 33 indefinite length of time after considering all of the
 26 34 following:
 26 35    a.  The length of the marriage.
 27  1    b.  The age and physical and emotional health of the
 27  2 parties.
 27  3    c.  The distribution of property made pursuant to
 27  4 subsection 1.
 27  5    d.  The educational level of each party at the time of
 27  6 marriage and at the time the action is commenced.
 27  7    e.  The earning capacity of the party seeking maintenance,
 27  8 including educational background, training, employment skills,
 27  9 work experience, length of absence from the job market,
 27 10 responsibilities for children under either an award of custody
 27 11 or physical care, and the time and expense necessary to
 27 12 acquire sufficient education or training to enable the party
 27 13 to find appropriate employment.
 27 14    f.  The feasibility of the party seeking maintenance
 27 15 becoming self-supporting at a standard of living reasonably
 27 16 comparable to that enjoyed during the marriage, and the length
 27 17 of time necessary to achieve this goal.
 27 18    g.  The tax consequences to each party.
 27 19    h.  Any mutual agreement made by the parties concerning
 27 20 financial or service contributions by one party with the
 27 21 expectation of future reciprocation or compensation by the
 27 22 other party.
 27 23    i.  The provisions of an antenuptial agreement.
 27 24    j.  The fault attributable to a party.
 27 25    j. k.  Other factors the court may determine to be relevant
 27 26 in an individual case.
 27 27    3A.  The court shall not grant support payments with the
 27 28 exception of child support payments to any party found to be
 27 29 at fault.  The court may grant support to the party not found
 27 30 to be at fault as the court deems appropriate as compensation
 27 31 for breach of the marital contract, and the support amount
 27 32 shall enable the party to maintain to the extent possible the
 27 33 standard of living enjoyed during the marriage.
 27 34    4.  The supreme court shall maintain uniform child support
 27 35 guidelines and criteria and review the guidelines and criteria
 28  1 at least once every four years, pursuant to the federal Family
 28  2 Support Act of 1988, Pub. L. No. 100-485.  The initial review
 28  3 shall be performed within four years of October 12, 1989, and
 28  4 subsequently within the four-year period of the most recent
 28  5 review.  It is the intent of the general assembly that, to the
 28  6 extent possible within the requirements of federal law, the
 28  7 court and the child support recovery unit consider the
 28  8 individual facts of each judgment or case in the application
 28  9 of the guidelines and determine the support obligation, ac-
 28 10 cordingly.  It is also the intent of the general assembly that
 28 11 in the supreme court's review of the guidelines, the supreme
 28 12 court shall do both of the following:  emphasize the ability
 28 13 of a court to apply the guidelines in a just and appropriate
 28 14 manner based upon the individual facts of a judgment or case;
 28 15 and in determining monthly child support payments, consider
 28 16 other children for whom either parent is legally responsible
 28 17 for support and other child support obligations actually paid
 28 18 by either party pursuant to a court or administrative order.
 28 19    a.  Upon every judgment of annulment, dissolution divorce,
 28 20 or separate maintenance, the court may order either parent or
 28 21 both parents to pay make support payments in an amount
 28 22 reasonable and necessary for supporting a child.  In
 28 23 establishing the amount of support, consideration shall be
 28 24 given to the responsibility of both parents to support and
 28 25 provide for the welfare of the minor child and of a child's
 28 26 need, whenever practicable, for a close relationship with both
 28 27 parents.  There shall be a rebuttable presumption that the
 28 28 amount of child support which would result from the
 28 29 application of the guidelines prescribed by the supreme court
 28 30 is the correct amount of child support to be awarded.  A
 28 31 variation from the guidelines shall not be considered by a
 28 32 court without a record or written finding, based on stated
 28 33 reasons, that the guidelines would be unjust or inappropriate
 28 34 as determined under the criteria prescribed by the supreme
 28 35 court.
 29  1    The court shall order as child medical support a health
 29  2 benefit plan as defined in chapter 252E if available to either
 29  3 parent at a reasonable cost.  A health benefit plan is
 29  4 considered reasonable in cost if it is employment-related or
 29  5 other group health insurance, regardless of the service
 29  6 delivery mechanism.  The premium cost of the health benefit
 29  7 plan may be considered by the court as a reason for varying
 29  8 from the child support guidelines.  If a health benefit plan
 29  9 is not available at a reasonable cost, the court may order any
 29 10 other provisions for medical support as defined in chapter
 29 11 252E.
 29 12    b.  The guidelines prescribed by the supreme court shall be
 29 13 used by the department of human services in determining child
 29 14 support payments under sections 252C.2 and 252C.4.  A
 29 15 variation from the guidelines shall not be considered by the
 29 16 department without a record or written finding, based on
 29 17 stated reasons, that the guidelines would be unjust or
 29 18 inappropriate as determined under criteria prescribed by the
 29 19 supreme court.
 29 20    c.  The guidelines prescribed by the supreme court shall
 29 21 incorporate provisions for medical support as defined in
 29 22 chapter 252E to be effective on or before January 1, 1991.
 29 23    d.  For purposes of calculating a support obligation under
 29 24 this section, the income of the parent from whom support is
 29 25 sought shall be used as the noncustodial parent income for
 29 26 purposes of application of the guidelines, regardless of the
 29 27 legal custody of the child.
 29 28    e.  Unless the special circumstances of the case justify a
 29 29 deviation, the court or the child support recovery unit shall
 29 30 establish a monthly child support payment of twenty-five
 29 31 dollars for a parent who is nineteen years of age or younger,
 29 32 who has not received a high school or high school equivalency
 29 33 diploma, and to whom each of the following apply:
 29 34    (1)  The parent is attending a school or program described
 29 35 as follows or has been identified as one of the following:
 30  1    (a)  The parent is in full-time attendance at an accredited
 30  2 school and is pursuing a course of study leading to a high
 30  3 school diploma.
 30  4    (b)  The parent is attending an instructional program
 30  5 leading to a high school equivalency diploma.
 30  6    (c)  The parent is attending a vocational education program
 30  7 approved pursuant to chapter 258.
 30  8    (d)  The parent has been identified by the director of
 30  9 special education of the area education agency as a child
 30 10 requiring special education as defined in section 256B.2.
 30 11    (2)  The parent provides proof of compliance with the
 30 12 requirements of subparagraph (1) to the child support recovery
 30 13 unit, if the unit is providing services under chapter 252B, or
 30 14 if the unit is not providing services pursuant to chapter
 30 15 252B, to the court as the court may direct.
 30 16    Failure to provide proof of compliance under this
 30 17 subparagraph is grounds for modification of the support order
 30 18 using the uniform child support guidelines and imputing an
 30 19 income to the parent equal to a forty-hour work week at the
 30 20 state minimum wage, unless the parent's education, experience,
 30 21 or actual earnings justify a higher income.
 30 22    4A.  If, during an action initiated under this chapter or
 30 23 any other chapter in which a child or medical support
 30 24 obligation may be established based upon a prior determination
 30 25 of paternity, a party wishes to contest the paternity of the
 30 26 child or children involved, all of the following apply:
 30 27    a.  (1)  If the prior determination of paternity is based
 30 28 on an affidavit of paternity filed pursuant to section
 30 29 252A.3A, or a court or administrative order entered in this
 30 30 state, or by operation of law when the mother and established
 30 31 father are or were married to each other, the provisions of
 30 32 section 600B.41A apply.
 30 33    (2)  If following the proceedings under section 600B.41A
 30 34 the court determines that the prior determination of paternity
 30 35 should not be overcome, and that the established father has a
 31  1 duty to provide support, the court shall enter an order
 31  2 establishing the monthly child support payment and the amount
 31  3 of the support debt accrued and accruing pursuant to
 31  4 subsection 4, or the medical support obligation pursuant to
 31  5 chapter 252E, or both.
 31  6    b.  If a determination of paternity is based on an
 31  7 administrative or court order or other means pursuant to the
 31  8 laws of a foreign jurisdiction, any action to overcome the
 31  9 prior determination of paternity shall be filed in that
 31 10 jurisdiction.  Unless a stay of the action initiated in this
 31 11 state to establish child or medical support is requested and
 31 12 granted by the court, pending a resolution of the contested
 31 13 paternity issue by the foreign jurisdiction, the action shall
 31 14 proceed.
 31 15    c.  Notwithstanding paragraph "a", in a pending dissolution
 31 16 divorce action under this chapter, a prior determination of
 31 17 paternity by operation of law through the marriage of the
 31 18 established father and mother of the child may be overcome
 31 19 under this chapter if the following conditions are met:
 31 20    (1)  The established father and mother of the child file a
 31 21 written statement with the court that both parties agree that
 31 22 the established father is not the biological father of the
 31 23 child.
 31 24    (2)  The court finds that it is in the best interest of the
 31 25 child to overcome the established paternity.  In determining
 31 26 the best interest of the child, the court shall consider the
 31 27 criteria provided in section 600B.41A, subsection 3, paragraph
 31 28 "g".
 31 29    If the court overcomes a prior determination of paternity,
 31 30 the previously established father shall be relieved of support
 31 31 obligations as specified in section 600B.41A, subsection 4.
 31 32 In any action to overcome paternity other than through a
 31 33 pending dissolution divorce action, the provisions of section
 31 34 600B.41A apply.  Overcoming paternity under this paragraph
 31 35 does not bar subsequent actions to establish paternity if it
 32  1 is subsequently determined that the written statement
 32  2 attesting that the established father is not the biological
 32  3 father of the child may have been submitted erroneously, and
 32  4 that the person previously determined not to be the child's
 32  5 father during the dissolution divorce action may actually be
 32  6 the child's biological father.
 32  7    4B.  If an action to overcome paternity is brought pursuant
 32  8 to subsection 4A, paragraph "c", the court shall appoint a
 32  9 guardian ad litem for the child for the pendency of the
 32 10 proceedings.
 32 11    5.  The court may protect and promote the best interests of
 32 12 a minor child by setting aside a portion of the child support
 32 13 which either party is ordered to pay in a separate fund or
 32 14 conservatorship for the support, education and welfare of the
 32 15 child.
 32 16    6.  The court may provide for joint custody of the children
 32 17 by the parties pursuant to section 598.41.  All orders
 32 18 relating to custody of a child are subject to chapter 598A.
 32 19    7.  Orders made pursuant to this section need mention only
 32 20 those factors relevant to the particular case for which the
 32 21 orders are made but shall contain the names, birth dates,
 32 22 addresses, and counties of residence of the petitioner and
 32 23 respondent.
 32 24    8.  The court may subsequently modify orders made under
 32 25 this section when there is a substantial change in
 32 26 circumstances.  In determining whether there is a substantial
 32 27 change in circumstances, the court shall consider the
 32 28 following:
 32 29    a.  Changes in the employment, earning capacity, income or
 32 30 resources of a party.
 32 31    b.  Receipt by a party of an inheritance, pension or other
 32 32 gift.
 32 33    c.  Changes in the medical expenses of a party.
 32 34    d.  Changes in the number or needs of dependents of a
 32 35 party.
 33  1    e.  Changes in the physical, mental, or emotional health of
 33  2 a party.
 33  3    f.  Changes in the residence of a party.
 33  4    g.  Remarriage of a party.
 33  5    h.  Possible support of a party by another person.
 33  6    i.  Changes in the physical, emotional or educational needs
 33  7 of a child whose support is governed by the order.
 33  8    j.  Contempt by a party of existing orders of court.
 33  9    k.  Other factors the court determines to be relevant in an
 33 10 individual case.
 33 11    A modification of a support order entered under chapter
 33 12 234, 252A, 252C, 600B, this chapter, or any other support
 33 13 chapter or proceeding between parties to the order is void
 33 14 unless the modification is approved by the court, after proper
 33 15 notice and opportunity to be heard is given to all parties to
 33 16 the order, and entered as an order of the court.  If support
 33 17 payments have been assigned to the department of human
 33 18 services pursuant to section 234.39, 239.3, or 252E.11, the
 33 19 department shall be considered a party to the support order.
 33 20 Modifications of orders pertaining to child custody shall be
 33 21 made pursuant to chapter 598A.  If the petition for a
 33 22 modification of an order pertaining to child custody asks
 33 23 either for joint custody or that joint custody be modified to
 33 24 an award of sole custody, the modification, if any, shall be
 33 25 made pursuant to section 598.41.
 33 26    Judgments for child support or child support awards entered
 33 27 pursuant to this chapter, chapter 234, 252A, 252C, 252F, 600B,
 33 28 or any other chapter of the Code which are subject to a
 33 29 modification proceeding may be retroactively modified only
 33 30 from the date the notice of the pending petition for
 33 31 modification is served on the opposing party.
 33 32    The periodic due date established under a prior order for
 33 33 payment of child support shall not be changed in any modified
 33 34 order under this section, unless the court determines that
 33 35 good cause exists to change the periodic due date.  If the
 34  1 court determines that good cause exists, the court shall
 34  2 include the rationale for the change in the modified order and
 34  3 shall address the issue of reconciliation of any payments due
 34  4 or made under a prior order which would result in payment of
 34  5 the child support obligation under both the prior and the
 34  6 modified orders.
 34  7    9.  Notwithstanding subsection 8, a substantial change of
 34  8 circumstances exists when the court order for child support
 34  9 varies by ten percent or more from the amount which would be
 34 10 due pursuant to the most current child support guidelines
 34 11 established pursuant to subsection 4 or the obligor has access
 34 12 to a health benefit plan, the current order for support does
 34 13 not contain provisions for medical support, and the dependents
 34 14 are not covered by a health benefit plan provided by the
 34 15 obligee, excluding coverage pursuant to chapter 249A or a
 34 16 comparable statute of a foreign jurisdiction.
 34 17    This basis for modification is applicable to petitions
 34 18 filed on or after July 1, 1992, notwithstanding whether the
 34 19 guidelines prescribed by subsection 4 were used in
 34 20 establishing the current amount of support.  Upon application
 34 21 for a modification of an order for child support for which
 34 22 services are being received pursuant to chapter 252B, the
 34 23 court shall set the amount of child support based upon the
 34 24 most current child support guidelines established pursuant to
 34 25 subsection 4, including provisions for medical support
 34 26 pursuant to chapter 252E.  The child support recovery unit
 34 27 shall, in submitting an application for modification or
 34 28 adjustment of an order for support, employ additional criteria
 34 29 and procedures as provided in chapter 252H and as established
 34 30 by rule.
 34 31    10.  Notwithstanding any other provision of law to the
 34 32 contrary, when an application for modification or adjustment
 34 33 of support is submitted by the child support recovery unit,
 34 34 the sole issues which may be considered by the court in that
 34 35 action are the application of the guidelines in establishing
 35  1 the amount of support pursuant to section 598.21, subsection
 35  2 4, and provision for medical support under chapter 252E.
 35  3 Issues related to custody, visitation, or other provisions
 35  4 unrelated to support shall be considered only under a separate
 35  5 application for modification.
 35  6    11.  If the court orders a transfer of title to real
 35  7 property, the clerk of court shall issue a certificate under
 35  8 chapter 558 relative to each parcel of real estate affected by
 35  9 the order and immediately deliver the certificate for
 35 10 recording to the county recorder of the county in which the
 35 11 real estate is located.  Any fees assessed shall be included
 35 12 as part of the court costs.  The county recorder shall deliver
 35 13 the certificates to the county auditor as provided in section
 35 14 558.58, subsection 1.
 35 15    Property divisions made under this chapter are not subject
 35 16 to modification.
 35 17    Sec. 38.  NEW SECTION.  598.21A  SEPARATE MAINTENANCE WHERE
 35 18 GROUNDS FOR DIVORCE ARE ABSENT.
 35 19    Notwithstanding contrary provisions of this chapter, an
 35 20 order for separate maintenance or child support may be ordered
 35 21 by the court upon the petition of either party and upon a
 35 22 determination by the court that such order is in the best
 35 23 interests of the petitioning party or a minor child.  An order
 35 24 may be entered pursuant to this section whether or not a claim
 35 25 is made by the petitioning party alleging sufficient grounds
 35 26 for the entry of a decree of divorce.  An order entered by the
 35 27 court pursuant to this section shall be entered in the same
 35 28 manner as provided for an order of separate maintenance
 35 29 entered under section 598.21.  A determination by the court to
 35 30 not award child support under this section shall not prohibit
 35 31 subsequent actions or orders entered pursuant to chapter 252A,
 35 32 252C, 252F, 600B, or any other chapter or proceeding under
 35 33 which support payments are established including any action
 35 34 brought by the child support recovery unit to establish
 35 35 support payments.
 36  1    Sec. 39.  Section 598.24, Code 1995, is amended to read as
 36  2 follows:
 36  3    598.24  COSTS IF PARTY IS IN DEFAULT OR CONTEMPT.
 36  4    When an action for a modification, order to show cause, or
 36  5 contempt of a dissolution divorce, annulment, or separate
 36  6 maintenance decree is brought on the grounds that a party to
 36  7 the decree is in default or contempt of the decree, and the
 36  8 court determines that the party is in default or contempt of
 36  9 the decree, the costs of the proceeding, including reasonable
 36 10 attorney's fees, may be taxed against that party.
 36 11    Sec. 40.  Section 598.25, Code 1995, is amended to read as
 36 12 follows:
 36 13    598.25  TERMINATION OF JURISDICTION OF COURT GRANTING
 36 14 MARRIAGE DISSOLUTION DIVORCE DECREE.
 36 15    Whenever a proceeding is initiated in a court for adoption
 36 16 involving the children of parents or guardians whose marriage
 36 17 has been dissolved who are divorced, or for modification of a
 36 18 judgment of alimony, child support, or custody granted in an
 36 19 action for dissolution of marriage divorce, the following
 36 20 requirements must be met if such proceedings are initiated in
 36 21 a court other than the court which granted the dissolution
 36 22 divorce decree.
 36 23    1.  The party initiating such proceedings must present to
 36 24 the court the names and addresses of the parties to the
 36 25 dissolution divorce decree if known, as well as the name and
 36 26 place of the court which granted the dissolution divorce
 36 27 decree and the date of the decree.
 36 28    2.  The court in which the proceedings are initiated shall
 36 29 cause notice of such proceedings to be served upon the parties
 36 30 to the original action unless either or both parties are
 36 31 deceased.
 36 32    Such court, or either of the parties to the dissolution
 36 33 divorce decree, may request that a copy of the transcript of
 36 34 the proceedings of the court which granted the dissolution
 36 35 divorce decree be made available for consideration in the new
 37  1 proceedings.
 37  2    Sec. 41.  Section 598.26, unnumbered paragraph 1, Code
 37  3 1995, is amended to read as follows:
 37  4    The record and evidence in each case of marriage
 37  5 dissolution divorce shall be kept pursuant to the following
 37  6 provisions:
 37  7    Sec. 42.  Section 598.26, subsections 1 and 3, Code 1995,
 37  8 are amended to read as follows:
 37  9    1.  Until a divorce decree of dissolution has been entered,
 37 10 the record and evidence shall be closed to all but the court,
 37 11 its officers, and the child support recovery unit of the
 37 12 department of human services pursuant to section 252B.9.  No
 37 13 other person shall permit a copy of any of the testimony, or
 37 14 pleading, or the substance thereof, to be made available to
 37 15 any person other than a party to the action or a party's
 37 16 attorney.  When a final decree is entered, the clerk of court
 37 17 shall enter, as a public record, with the final decree, any
 37 18 order for payment of temporary support.  Nothing in this
 37 19 subsection shall be construed to prohibit publication of the
 37 20 original notice as provided by the rules of civil procedure.
 37 21    3.  If the action is dismissed, judgment for costs shall be
 37 22 entered in the judgment docket and lien index.  The clerk
 37 23 shall maintain a separate docket for dissolution of marriage
 37 24 divorce actions.
 37 25    Sec. 43.  Section 598.28, Code 1995, is amended to read as
 37 26 follows:
 37 27    598.28  SEPARATE MAINTENANCE AND ANNULMENT.
 37 28    A petition shall be filed in separate maintenance and
 37 29 annulment actions as in actions for dissolution of marriage
 37 30 divorce, and all applicable provisions of this chapter in
 37 31 relation thereto to the action, including but not limited to
 37 32 mediation pursuant to section 598.16A in the case of a
 37 33 separate maintenance action shall apply to separate
 37 34 maintenance and annulment actions.
 37 35    Sec. 44.  Section 598.29, subsection 3, Code 1995, is
 38  1 amended to read as follows:
 38  2    3.  Where either party had a husband or wife living at the
 38  3 time of the marriage, provided they have not, with a knowledge
 38  4 of such fact, lived and cohabited together after the death or
 38  5 marriage dissolution divorce of the former spouse of such
 38  6 party.
 38  7    Sec. 45.  Section 598.32, Code 1995, is amended to read as
 38  8 follows:
 38  9    598.32  ANNULMENT – COMPENSATION.
 38 10    In case either party entered into the contract of marriage
 38 11 in good faith, supposing the other to be capable of
 38 12 contracting, and the marriage is declared a nullity, such fact
 38 13 shall be entered in the decree, and the court may decree such
 38 14 innocent party compensation as in case of dissolution of
 38 15 marriage divorce.
 38 16    Sec. 46.  Section 598.33, Code 1995, is amended to read as
 38 17 follows:
 38 18    598.33  ORDER TO VACATE.
 38 19    Notwithstanding section 561.15, the court may order either
 38 20 party to vacate the homestead pending entry of a divorce
 38 21 decree of dissolution upon a showing that the other party or
 38 22 the children are in imminent danger of physical harm if the
 38 23 order is not issued.
 38 24    Sec. 47.  Section 598.34, unnumbered paragraph 1, Code
 38 25 1995, is amended to read as follows:
 38 26    A person entitled to periodic support payments pursuant to
 38 27 an order or judgment entered in an action for dissolution of
 38 28 marriage divorce, who is also a recipient of public
 38 29 assistance, is deemed to have assigned the person's rights to
 38 30 the support payments, to the extent of public assistance
 38 31 received by the person, to the department of human services.
 38 32 The department shall immediately notify the clerk of court by
 38 33 mail when a person entitled to support payments has been
 38 34 determined to be eligible for public assistance.  Upon
 38 35 notification by the department that a person entitled to
 39  1 periodic support payments pursuant to this chapter is
 39  2 receiving public assistance, the clerk of court shall make a
 39  3 notation of the automatic assignment in the judgment docket
 39  4 and lien index.  The notation constitutes constructive notice
 39  5 of the assignment.  The clerk of court shall forward support
 39  6 payments received pursuant to section 598.22, to which the
 39  7 department is entitled, to the department, which may secure
 39  8 support payments in default through proceedings provided for
 39  9 in chapter 252A or section 598.24.
 39 10    Sec. 48.  Section 598.35, subsection 2, Code 1995, is
 39 11 amended to read as follows:
 39 12    2.  A petition for dissolution of marriage divorce has been
 39 13 filed by one of the parents of the child.
 39 14    Sec. 49.  Section 598.37, Code 1995, is amended to read as
 39 15 follows:
 39 16    598.37  NAME CHANGE.
 39 17    Either party to a marriage may request as a part of the
 39 18 divorce decree of dissolution or decree of annulment a change
 39 19 in the person's name to either the name appearing on the
 39 20 person's birth certificate or to the name the person had
 39 21 immediately prior to the marriage.  If a party requests a name
 39 22 change other than to the name appearing on the person's birth
 39 23 certificate or to the name the person had immediately prior to
 39 24 the marriage, the request shall be made under chapter 674.
 39 25    Sec. 50.  Section 598.41, subsection 1, paragraph a, Code
 39 26 Supplement 1995, is amended to read as follows:
 39 27    a.  The court, insofar as is reasonable and in the best
 39 28 interest of the child, shall order the custody award,
 39 29 including liberal visitation rights where appropriate, which
 39 30 will assure the child the opportunity for the maximum
 39 31 continuing physical and emotional contact with both parents
 39 32 after the parents have separated or dissolved the marriage
 39 33 divorced, and which will encourage parents to share the rights
 39 34 and responsibilities of raising the child unless direct
 39 35 physical harm or significant emotional harm to the child,
 40  1 other children, or a parent is likely to result from such
 40  2 contact with one parent.
 40  3    Sec. 51.  Section 598.41, subsection 1, Code Supplement
 40  4 1995, is amended by adding the following new paragraph:
 40  5    NEW PARAGRAPH.  bb.  Notwithstanding paragraph "a", there
 40  6 shall be a presumption in favor of the awarding of sole
 40  7 custody to the parent not found at fault in a divorce
 40  8 proceeding.
 40  9    Sec. 52.  Section 598.41, subsection 3, Code Supplement
 40 10 1995, is amended by adding the following new paragraph:
 40 11    NEW PARAGRAPH.  k.  The fault attributable to a parent in a
 40 12 divorce.
 40 13    Sec. 53.  Section 602.8102, subsection 84, Code Supplement
 40 14 1995, is amended to read as follows:
 40 15    84.  Carry out duties relating to the dissolution of a
 40 16 marriage divorce as provided in chapter 598.
 40 17    Sec. 54.  Section 602.8103, subsection 4, paragraph d, Code
 40 18 1995, is amended to read as follows:
 40 19    d.  Original court files on dissolutions of marriage
 40 20 divorces, one year after dismissal by the parties or under
 40 21 R.C.P. 215, Ia. Ct. Rules, 2nd ed.
 40 22    Sec. 55.  Section 602.8105, subsection 1, paragraphs a, b,
 40 23 and c, Code Supplement 1995, are amended to read as follows:
 40 24    a.  For filing and docketing a petition, other than a
 40 25 modification of a dissolution divorce decree to which a
 40 26 written stipulation is attached at the time of filing
 40 27 containing the agreement of the parties to the terms of
 40 28 modification, eighty dollars.  In counties having a population
 40 29 of ninety-eight thousand or over, an additional five dollars
 40 30 shall be charged and collected to be known as the journal
 40 31 publication fee and used for the purposes provided for in
 40 32 section 618.13.
 40 33    b.  For filing and docketing an application for
 40 34 modification of a dissolution divorce decree to which a
 40 35 written stipulation is attached at the time of filing
 41  1 containing the agreement of the parties to the terms of
 41  2 modification, twenty-five dollars.
 41  3    c.  For entering a final divorce decree of dissolution of
 41  4 marriage, thirty dollars.  It is the intent of the general
 41  5 assembly that the funds generated from the dissolution divorce
 41  6 fees be appropriated and used for sexual assault and domestic
 41  7 violence centers.
 41  8    Sec. 56.  Section 633.271, Code 1995, is amended to read as
 41  9 follows:
 41 10    633.271  EFFECT OF DIVORCE OR DISSOLUTION.
 41 11    If after making a will the testator is divorced or the
 41 12 marriage is dissolved, all provisions in the will in favor of
 41 13 the testator's spouse are thereby revoked.  In the event the
 41 14 testator and spouse remarry each other, the provisions of the
 41 15 will revoked by the divorce or dissolution of marriage shall
 41 16 be reinstated unless otherwise revoked by the testator.
 41 17    Sec. 57.  Section 633.425, subsection 9, Code 1995, is
 41 18 amended to read as follows:
 41 19    9.  All unpaid support payments as defined in section 598.1
 41 20 598.1A, subsection 6, and all additional unpaid awards and
 41 21 judgments against the decedent in any dissolution divorce,
 41 22 separate maintenance, uniform support, or paternity action to
 41 23 the extent that the support, awards, and judgments have
 41 24 accrued at the time of death of the decedent.
 41 25    Sec. 58.  Section 633.701, unnumbered paragraph 1, Code
 41 26 1995, is amended to read as follows:
 41 27    Upon the partial or total termination of a trust, or upon
 41 28 the transfer of the trusteeship due to resignation, removal,
 41 29 dissolution divorce, or other disqualification of the trustee
 41 30 of any trust pending in court, the trustee shall make a final
 41 31 report to the court, showing for the period since the filing
 41 32 of the last report the facts required for an intermediate
 41 33 report; provided, however, that unless specifically required
 41 34 by the court to do so, the trustee shall not in any event, be
 41 35 required to report such facts for any period of time as to
 42  1 which the trustee has, under any of the provisions of section
 42  2 633.700, been expressly relieved from reporting.  In any
 42  3 event, the final report of the trustee shall include the
 42  4 following:
 42  5    Sec. 59.  Sections 598.4, 598.6, 598.7, 598.14, and 598.16,
 42  6 Code 1995, are repealed.
 42  7    Sec. 60.  Sections 598.7A and 598.8, Code Supplement 1995,
 42  8 are repealed.  
 42  9                           EXPLANATION
 42 10    This bill changes the grounds upon which a divorce may be
 42 11 obtained.  The current system, described as a "no-fault"
 42 12 divorce system, is changed in Code sections 598.5 and 598.17
 42 13 to include "fault-based" components which apply unless the
 42 14 divorce is not contested or the parties mutually consent to
 42 15 the divorce.  If the divorce is not contested or if the
 42 16 respondent has not entered an appearance or filed a motion,
 42 17 and there are no children of the marriage for whom support may
 42 18 be awarded, a divorce may be obtained by the filing of
 42 19 required documents with the court and no hearing is required.
 42 20    Under the "fault-based" system established in Code sections
 42 21 598.5, 598.9, and 598.17 under the bill, the grounds upon
 42 22 which a divorce may be granted include adultery, desertion,
 42 23 abuse of a party or of a child of the household, or habitual
 42 24 use of alcohol or controlled substances by the respondent
 42 25 which must be alleged and proved by clear and convincing
 42 26 evidence by the petitioner.
 42 27    Specific Code sections amended or added in the bill provide
 42 28 the following:
 42 29    New Code section 422.12F provides for a premarital
 42 30 counseling credit.  If a married couple participated in
 42 31 premarital counseling and demonstrates participation in the
 42 32 counseling, the personal income taxes of the couple are to be
 42 33 reduced in an amount which is the actual cost of the
 42 34 counseling, not to exceed $100.
 42 35    New Code section 595.3A provides for the notification of
 43  1 applicants for a license to marry of the rights and
 43  2 obligations of incident to marriage and divorce and requires
 43  3 participation of the applicants in a program or the viewing of
 43  4 a videotape which provides information regarding the rights
 43  5 and obligations incident to marriage and divorce.  The bill
 43  6 provides for the required content of the notification,
 43  7 program, and videotape and requires completion of the program
 43  8 or viewing of the videotape prior to the issuance of the
 43  9 license to marry by the clerk of the district court.
 43 10    New Code section 595.20 relates to premarital counseling
 43 11 for the purposes of the income tax reduction created pursuant
 43 12 to new Code section 422.12F.  This section establishes the
 43 13 requirements for premarital counseling and defines premarital
 43 14 counseling including prescribing who may provide premarital
 43 15 counseling.
 43 16    Code section 598.1 is amended to provide legislative
 43 17 findings and intent for the divorce chapter of the Code.
 43 18    New Code section 598.1A provides definitions for use in the
 43 19 chapter, including new definitions for "adultery",
 43 20 "desertion", "divorce", "emotional abuse", "family", "fault",
 43 21 "household", "in-kind support", "legitimate objects of
 43 22 matrimony", "marital home", "marriage", "mediation",
 43 23 "mediator", "physical care", "residence", "separate
 43 24 maintenance", "support", and "support payments".
 43 25    Code section 598.5, relating to the contents of the
 43 26 petition for divorce, is amended to include, among other
 43 27 information, the grounds for divorce.  If both parties
 43 28 mutually agree to the divorce, the parties must allege that
 43 29 there has been a breakdown of the marriage relationship to the
 43 30 extent that the legitimate objects of matrimony have been
 43 31 destroyed and there is not reasonable likelihood that the
 43 32 marriage can be preserved.  If a party objects to the divorce,
 43 33 at least one of the following grounds must be alleged:  that
 43 34 the respondent has committed adultery, that the respondent
 43 35 deserted the petitioner, that the petitioner is a victim of
 44  1 domestic abuse or any other physical or emotional abuse or
 44  2 that a child of the household is a victim of child abuse and
 44  3 the respondent is the perpetrator of the abuse, or that the
 44  4 respondent habitually uses and abuses alcohol or a controlled
 44  5 substance.
 44  6    Code section 598.9 is amended to provide that allegations
 44  7 of the petition including the grounds for divorce are to be
 44  8 proven by clear and convincing evidence or the action is to be
 44  9 dismissed.
 44 10    New Code section 598.16A relates to mediation.  This
 44 11 section requires participation by the parties to a petition
 44 12 for divorce in at least 12 hours of prehearing mediation with
 44 13 a mediator.  Once a petition is filed, the parties are to
 44 14 select a mediator within 15 days after which time, if the
 44 15 parties fail to select a mediator, the court may, at the
 44 16 request of the petitioner, select a mediator.  If the parties
 44 17 are unable to agree to restore the relationship following
 44 18 participation in mediation, or if at any time during the
 44 19 mediation process either of the parties requests termination
 44 20 of the mediation or the mediator determines that mediation
 44 21 will not result in restoration of the relationship, the
 44 22 mediator is to file a sworn statement of the nonagreement with
 44 23 the court.  Upon filing of the statement the matter is to be
 44 24 set for hearing.  Additionally, mediation may be waived if the
 44 25 petitioner is a victim of domestic abuse or if mediation is
 44 26 physically impossible due to circumstances including absence
 44 27 of a party.
 44 28    Code section 598.17 is amended in part to provide that the
 44 29 court may grant a divorce decree without a hearing only if the
 44 30 parties certify that there has been a breakdown of the
 44 31 marriage relationship to the extent that the legitimate
 44 32 objects of matrimony have been destroyed and there remains no
 44 33 reasonable likelihood that the marriage can be preserved, that
 44 34 all documents required by the court have been filed, that the
 44 35 parties have entered into a written agreement settling all of
 45  1 the issues involved in the divorce and that there are not
 45  2 children of the marriage for whom support may be ordered; or
 45  3 that the respondent has not entered an appearance or filed a
 45  4 motion or pleading in the case, the waiting period of 120 days
 45  5 has expired and the petitioner has certified that fault exists
 45  6 or that there has been a breakdown in the marriage
 45  7 relationship to the extent that the legitimate objects of
 45  8 matrimony have been destroyed and that there remains no
 45  9 reasonable likelihood that the marriage can be preserved, that
 45 10 all documents required have been filed with the court, and
 45 11 that there are not children of the marriage for whom support
 45 12 may be ordered.
 45 13    Code section 598.18 is amended to provide that if both
 45 14 parties are found to have committed an act which would support
 45 15 or justify a divorce decree, that the divorce may be decreed
 45 16 but that the acts of one party do not automatically negate the
 45 17 acts of the other and the court may consider the acts of
 45 18 either party when making its determination regarding the
 45 19 decree.
 45 20    Code section 598.19 is amended to extend the waiting period
 45 21 for the granting of a divorce decree from the current 90 days
 45 22 from the day of the service of the original notice, from the
 45 23 last day of publication of the notice or from the date that
 45 24 waiver or acceptance of original notice is filed or until
 45 25 after mediation is completed, whichever period is longer, to
 45 26 120 days from any of these dates.
 45 27    Code section 598.21 is amended to provide in part that in
 45 28 the division of property, the court may consider the fault
 45 29 attributable to a party; provides that the court shall award
 45 30 the family home or at a minimum the right to live in the
 45 31 family home to the party having custody of the children or if
 45 32 joint legal custody is awarded, to the party awarded physical
 45 33 care of any child of the marriage, unless this is not in the
 45 34 best interests of the child; provides that the court shall
 45 35 reduce the share of property received by a party found to be
 46  1 at fault by an amount deemed appropriate under the specific
 46  2 circumstances but in no event by less than 20 percent of the
 46  3 total value of marital property; provides that in the awarding
 46  4 of support payments the court is to consider the fault
 46  5 attributable to a party, prohibits the court from awarding
 46  6 support other than child support to a party found to be at
 46  7 fault, and provides that the court may grant support to the
 46  8 party not found to be at fault as the court deems appropriate
 46  9 as compensation for breach of the marital contract and the
 46 10 support amount is to be in an amount that enables the party to
 46 11 maintain to the extent possible the standard of living enjoyed
 46 12 during the marriage.
 46 13    New Code section 598.21A provides for the awarding of
 46 14 separate maintenance or child support when grounds for divorce
 46 15 are absent.
 46 16    Code section 598.41, relating to the award of custody of
 46 17 children, is amended to provide that in the awarding of
 46 18 custody of children, there is a presumption in favor of the
 46 19 awarding of sole custody to the parent not found at fault in a
 46 20 divorce proceeding and that the fault attributable to a parent
 46 21 in a divorce is a factor to be considered in determining what
 46 22 custody arrangement is in the best interests of the child.
 46 23    The majority of the remaining sections of the bill make
 46 24 conforming changes throughout the Code to reflect the
 46 25 terminology of "divorce" rather than "dissolution of
 46 26 marriage".  
 46 27 LSB 3014YC 76
 46 28 pf/sc/14.4
     

Text: HSB00631                          Text: HSB00633
Text: HSB00600 - HSB00699               Text: HSB Index
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