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Senate File 411

Partial Bill History

Bill Introduced: S.J. 512.1
Committee Report Issued: S.J. 519.1
Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  598.4A  DISSOLUTION OF MARRIAGE
  1  2 – EXCLUSIVE GROUNDS.
  1  3    A party may petition for dissolution of marriage only upon
  1  4 proof of any of the following:
  1  5    a.  The other party has committed adultery.
  1  6    b.  The other party has committed a felony and has been
  1  7 sentenced to imprisonment.
  1  8    c.  The other party has abandoned the matrimonial domicile
  1  9 for a period of one year and refuses to return.
  1 10    d.  The other party has physically or sexually abused the
  1 11 party seeking the order or dissolution or a child of one of
  1 12 the parties.
  1 13    e.  The parties have been living separate and apart
  1 14 continuously without reconciliation for a period of two years.
  1 15    Sec. 2.  Section 598.5, subsection 7, Code 2003, is amended
  1 16 to read as follows:
  1 17    7.  Allege that there has been a breakdown of the marriage
  1 18 relationship to the extent that the legitimate objects of
  1 19 matrimony have been destroyed and there remains no reasonable
  1 20 likelihood that the marriage can be preserved the grounds for
  1 21 the dissolution.
  1 22    Sec. 3.  Section 598.8, subsection 2, paragraph a,
  1 23 subparagraph (1), Code 2003, is amended to read as follows:
  1 24    (1)  The parties have certified in writing that there has
  1 25 been a breakdown of the marriage relationship to the extent
  1 26 that the legitimate objects of matrimony have been destroyed
  1 27 and there remains no reasonable likelihood that the marriage
  1 28 can be preserved demonstrated proof of the grounds alleged in
  1 29 the petition for the dissolution.
  1 30    Sec. 4.  Section 598.8, subsection 2, paragraph b,
  1 31 subparagraph (1), Code 2003, is amended to read as follows:
  1 32    (1)  The petitioner has certified in writing that there has
  1 33 been a breakdown of the marriage relationship to the extent
  1 34 that the legitimate objects of matrimony have been destroyed
  1 35 and there remains no reasonable likelihood that the marriage
  2  1 can be preserved demonstrated proof of the grounds alleged in
  2  2 the petition for the dissolution.
  2  3    Sec. 5.  Section 598.17, unnumbered paragraphs 1 and 2,
  2  4 Code 2003, are amended to read as follows:
  2  5    A decree dissolving the marriage may be entered when the
  2  6 court is satisfied from the evidence presented that there has
  2  7 been a breakdown of the marriage relationship to the extent
  2  8 that the legitimate objects of matrimony have been destroyed
  2  9 and there remains no reasonable likelihood that the marriage
  2 10 can be preserved of the grounds alleged in the petition for
  2 11 dissolution.  The decree shall state that the dissolution is
  2 12 granted to the parties, and shall not state that it is granted
  2 13 to only one party.
  2 14    If at the time of trial petitioner fails to present
  2 15 satisfactory evidence that there has been a breakdown of the
  2 16 marriage relationship to the extent that the legitimate
  2 17 objects of matrimony have been destroyed and there remains no
  2 18 reasonable likelihood that the marriage can be preserved of
  2 19 the grounds alleged in the petition for dissolution, the
  2 20 respondent may then proceed to present such evidence as though
  2 21 the respondent had filed the original petition.  
  2 22                           EXPLANATION
  2 23    This bill establishes exclusive grounds upon which a
  2 24 petition for dissolution of marriage may be filed and granted.
  2 25 The grounds established are:
  2 26    1.  The other party has committed adultery.
  2 27    2.  The other party has committed a felony and has been
  2 28 sentenced to imprisonment.
  2 29    3.  The other party has abandoned the matrimonial domicile
  2 30 for a period of one year and refuses to return.
  2 31    4.  The other party has physically or sexually abused the
  2 32 party seeking the order or dissolution or a child of one of
  2 33 the parties.
  2 34    5.  The parties have been living separate and apart
  2 35 continuously without reconciliation for a period of two years.  
  3  1 LSB 2017SV 80
  3  2 pf/sh/8

Text: SF00410                           Text: SF00412
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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