Text: SF00413 Text: SF00415 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 595.3, Code 2003, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 6. Where the parties have not completed 1 4 and provided documentation of completion of a minimum of 1 5 twelve hours of premarital education. 1 6 Sec. 2. NEW SECTION. 595.3B APPLICATION – PREMARITAL 1 7 EDUCATION. 1 8 1. An application form for a marriage license shall have 1 9 attached a certificate form to be used by the parties to 1 10 document completion of a minimum of twelve hours of premarital 1 11 education by the parties. The certificate shall be completed 1 12 by the parties and signed by the person who provided the 1 13 premarital education. The certificate shall require provision 1 14 of all of the following information: 1 15 a. The name of the person providing the premarital 1 16 education and the person's signature verifying completion of 1 17 the premarital education by the parties. 1 18 b. The number of hours of premarital education completed. 1 19 c. Whether the premarital education was provided by 1 20 personal instruction, videotaped instruction, instruction via 1 21 other electronic media, or a combination of these methods. 1 22 2. Only premarital education provided by the following 1 23 persons meets the requirement of provision of premarital 1 24 education under this section: 1 25 a. A person ordained or designated as a leader of a 1 26 party's religious faith or the person's designee. 1 27 b. A person licensed to practice psychology pursuant to 1 28 chapter 154B or a person who holds a license or certificate 1 29 from another state whose requirements are substantially 1 30 equivalent to those of chapter 154B. 1 31 c. A person licensed to practice social work pursuant to 1 32 chapter 154C or a person who holds a license or certificate 1 33 from another state whose requirements are substantially 1 34 equivalent to those of chapter 154C. 1 35 d. A person licensed to practice marital and family 2 1 therapy pursuant to chapter 154D or a person who holds a 2 2 license or certificate from another state whose requirements 2 3 are substantially equivalent to those of chapter 154D. 2 4 Sec. 3. Section 598.5, Code 2003, is amended by adding the 2 5 following new subsection: 2 6 NEW SUBSECTION. 11. If there is any minor child whose 2 7 welfare may be affected by the controversy, state that the 2 8 parties both agree to the dissolution. 2 9 Sec. 4. Section 598.7A, subsection 1, Code 2003, is 2 10 amended to read as follows: 2 11 1. The district courtmay, on its own motion or on the2 12motion of any party,shall order the parties to participate in 2 13 mediation in any dissolution of marriage actionorand may, on 2 14 its own motion or on the motion of any party order the parties 2 15 to participate in mediation in any other domestic relations 2 16 action. Mediation performed under this section shall comply 2 17 with the provisions of chapter 679C. The provisions of this 2 18 section shall not apply if the action involves a child support 2 19 or medical support obligation enforced by the child support 2 20 recovery unit. The provisions of this section shall not apply 2 21 to actions which involve domestic abuse pursuant to chapter 2 22 236. The provisions of this section shall not affect a 2 23 judicial district's or court's authority to order settlement 2 24 conferences pursuant to rules of civil procedure. The court 2 25 shall, on application of a party, grant a waiver from any 2 26 court-ordered mediation under this section if the party 2 27 demonstrates that a history of domestic abuse exists as 2 28 specified in section 598.41, subsection 3, paragraph "j". 2 29 Sec. 5. Section 598.19, Code 2003, is amended to read as 2 30 follows: 2 31 598.19WAITING PERIOD BEFOREDECREE – WAITING PERIOD – 2 32 SPECIFIC PROHIBITIONS AGAINST GRANTING OF DECREE. 2 33 1.NoA decree dissolving a marriage shall not be granted 2 34 in any proceeding beforeninetythree hundred sixty-five days 2 35 shall have elapsed from the day the original notice is served, 3 1 or from the last day of publication of notice, or from the 3 2 date that waiver or acceptance of original notice is filed or 3 3 until after conciliation is completed, whichever periodshall3 4beis longer. However, the court may in its discretion, on 3 5 written motion supported by affidavit setting forth grounds of 3 6 emergency or necessity and facts which satisfy the court that 3 7 immediate action is warranted or required to protect the 3 8 substantive rights or interests of any party or person who 3 9 might be affected by the decree, hold a hearing and grant a 3 10 decree dissolving the marriage prior to the expiration of the 3 11 applicable period, provided that the parties have complied 3 12 with the requirements of noticehave been complied with. In 3 13 such case the grounds of emergency or necessity and the facts 3 14 with respecttheretoto the emergency or necessity shall be 3 15 recited in the decree unless otherwise ordered by the court. 3 16 The court may enter an order finding the respondent in default 3 17 and waiving conciliation when the respondent has failed to 3 18 file an appearance within the time set forth in the original 3 19 notice. 3 20 2. A decree dissolving a marriage shall not be granted if 3 21 there is any minor child affected by the controversy and both 3 22 parties do not agree to the dissolution. 3 23 3. A decree dissolving a marriage shall not be granted if 3 24 the court determines that the dissolution is not in the best 3 25 interest of any minor child. 3 26 EXPLANATION 3 27 This bill relates to dissolution of marriage provisions. 3 28 The bill requires parties applying for a marriage license 3 29 to document completion of 12 hours of premarital education by 3 30 completing a certificate form attached to the marriage license 3 31 application. The bill prohibits issuance of a marriage 3 32 license to parties who have not completed the required 12 3 33 hours of premarital education. The bill also specifies 3 34 persons who may provide the required premarital education. 3 35 The bill requires that a petition for dissolution of 4 1 marriage shall, if there is any minor child whose welfare may 4 2 be affected by the controversy, state that the parties both 4 3 agree to the dissolution. 4 4 The bill requires the court to order parties to a 4 5 dissolution of marriage to participate in mediation. 4 6 The bill extends the waiting period before a dissolution of 4 7 marriage decree is granted to 365 days from the existing 90 4 8 days, prohibits the granting of a decree if there is any minor 4 9 child affected by the controversy and the parties do not agree 4 10 to the dissolution, and prohibits the granting of a decree if 4 11 the court determines that the dissolution is not in the best 4 12 interest of any minor child. 4 13 LSB 2795SV 80 4 14 pf/sh/8
Text: SF00413 Text: SF00415 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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