House File 2455
PAG LIN
1 1 HOUSE FILE 2455
1 2
1 3 AN ACT
1 4 ESTABLISHING MARRIAGE AND DOMESTIC RELATIONS REQUIREMENTS
1 5 AND PROVIDING AN EFFECTIVE DATE.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. Section 331.605, subsection 6, Code 2003, is
1 10 amended to read as follows:
1 11 6. For filing an application for the license to marry,
1 12 thirty=five dollars, which includes payment for one certified
1 13 copy of the original certificate of marriage, to be issued
1 14 following filing of the original certificate of marriage, four
1 15 dollars of which shall be retained by the county pursuant to
1 16 subsection 5. For issuing an application for an order of the
1 17 district court authorizing the validation of a license to
1 18 marry before the expiration of three the number of days
1 19 specified in section 595.4, from the date of issuance of the
1 20 license, five dollars. The district court shall authorize the
1 21 early validation of a marriage license without the payment of
1 22 any fees imposed in this subsection upon showing that the
1 23 applicant is unable to pay the fees.
1 24 Sec. 2. NEW SECTION. 595.3B APPLICATION == PREMARITAL
1 25 EDUCATION.
1 26 1. An application form for a marriage license shall have
1 27 attached a certificate form to be used by the parties to
1 28 document completion of premarital education by the parties.
1 29 The certificate shall be completed by the parties and signed
1 30 by the person who provided the premarital education. The
1 31 certificate shall be filed with the verified application in
1 32 accordance with section 595.4. The certificate form shall
1 33 require provision of all of the following information:
1 34 a. The name of the person providing the premarital
1 35 education and the person's signature verifying completion of
2 1 the premarital education by the parties.
2 2 b. The number of hours of premarital education completed.
2 3 2. Only premarital education provided by the following
2 4 persons shall be accepted to document completion under this
2 5 section:
2 6 a. A person ordained or designated as a leader of a
2 7 party's religious faith or the person's designee.
2 8 b. A person licensed to practice psychology pursuant to
2 9 chapter 154B.
2 10 c. A person licensed to practice social work as a licensed
2 11 master social worker or a licensed independent social worker
2 12 pursuant to chapter 154C.
2 13 d. A person licensed to practice marital and family
2 14 therapy or mental health counseling pursuant to chapter 154D.
2 15 e. An advanced registered nurse practitioner licensed
2 16 pursuant to chapter 152 who specializes in adult psychiatric
2 17 services.
2 18 Sec. 3. Section 595.4, Code 2003, is amended to read as
2 19 follows:
2 20 595.4 AGE AND QUALIFICATION == VERIFIED APPLICATION ==
2 21 WAITING PERIOD == EXCEPTION EXCEPTIONS.
2 22 1. Previous Prior to the issuance of any license to marry,
2 23 the parties desiring the license shall sign and file a
2 24 verified application with the county registrar which
2 25 application either may be mailed to the parties at their
2 26 request or may be signed by them at the office of the county
2 27 registrar in the county in which the license is to be issued.
2 28 The application shall include the social security number of
2 29 each applicant and shall set forth at least one affidavit of
2 30 some competent and disinterested person stating the facts as
2 31 to age and qualification of the parties. Upon the filing of
2 32 the application for a license to marry, the county registrar
2 33 shall file the application in a record kept for that purpose
2 34 and shall take all necessary steps to ensure the
2 35 confidentiality of the social security number of each
3 1 applicant. All information included on an application may be
3 2 provided as mutually agreed upon by the division of records
3 3 and statistics and the child support recovery unit, including
3 4 by automated exchange.
3 5 2. Upon receipt of a verified application, the county
3 6 registrar may issue the license which shall not become valid
3 7 until the expiration of three days after the date of issuance
3 8 of the license. If the license has not been issued within six
3 9 months from the date of the application, the application is
3 10 void.
3 11 3. A license issued under subsection 2 shall become valid
3 12 as follows:
3 13 a. If the parties desiring the license have participated
3 14 in premarital education and submit documentation verifying
3 15 completion of premarital education in accordance with section
3 16 595.3B, the license shall become valid upon the expiration of
3 17 three days after the date of issuance of the license.
3 18 b. If the parties desiring the license have not
3 19 participated in premarital education or do not submit
3 20 documentation verifying completion of premarital education in
3 21 accordance with section 595.3B, the license shall not become
3 22 valid until the expiration of twenty days after the date of
3 23 issuance of the license.
3 24 4. A license to marry may be validated prior to the
3 25 expiration of three the number of days specified in subsection
3 26 3 from the date of issuance of the license in cases of
3 27 emergency or extraordinary circumstances. An order
3 28 authorizing the validation of a license may be granted by a
3 29 judge of the district court under conditions of emergency or
3 30 extraordinary circumstances upon application of the parties
3 31 filed with the county registrar. No An order may shall not be
3 32 granted unless the parties have filed an application for a
3 33 marriage license in a county within the judicial district. An
3 34 application for an order shall be made on forms furnished by
3 35 the county registrar at the same time the application for the
4 1 license to marry is made. After examining the application for
4 2 the marriage license and issuing the license, the county
4 3 registrar shall refer the parties to a judge of the district
4 4 court for action on the application for an order authorizing
4 5 the validation of a marriage license prior to expiration of
4 6 three the number of days specified in subsection 3 from the
4 7 date of issuance of the license. The judge shall, if
4 8 satisfied as to the existence of an emergency or extraordinary
4 9 circumstances, grant an order authorizing the validation of a
4 10 license to marry prior to the expiration of three the number
4 11 of days specified in subsection 3 from the date of issuance of
4 12 the license to marry. The county registrar shall validate a
4 13 license to marry upon presentation by the parties of the order
4 14 authorizing a license to be validated. A fee of five dollars
4 15 shall be paid to the county registrar at the time the
4 16 application for the order is made, which fee is in addition to
4 17 the fee prescribed by law for the issuance of a marriage
4 18 license.
4 19 Sec. 4. NEW SECTION. 598.7B PARENTING PLANS.
4 20 1. Beginning October 1, 2004, the parties to a petition
4 21 for dissolution of marriage, annulment, or separate
4 22 maintenance that involves minor children or to an application
4 23 for a motion to modify an order involving custody or
4 24 visitation shall submit a proposed parenting plan, either
4 25 individually or jointly, within thirty days after the service
4 26 of process of the petition for dissolution of marriage,
4 27 annulment, or separate maintenance, or the application for a
4 28 motion to modify an order involving custody or visitation.
4 29 The proposed parenting plan shall specify the arrangements
4 30 that the party believes to be in the best interest of any
4 31 minor child and shall specify other details as required by
4 32 rules prescribed by the supreme court.
4 33 2. The supreme court shall prescribe rules no later than
4 34 September 1, 2004, establishing guidelines for a parenting
4 35 plan form which may be used by the parties in any dissolution
5 1 of marriage, annulment, legal separation, or modification
5 2 proceeding involving the issues of custody and visitation.
5 3 Beginning September 1, 2004, the clerk of the district court
5 4 shall furnish parenting plan forms to the parties in a
5 5 dissolution of marriage, annulment, or separate maintenance
5 6 action or modification proceeding involving custody or
5 7 visitation, without cost to the parties.
5 8 Sec. 5. EFFECTIVE DATE. The provision of the section of
5 9 this Act enacting section 598.7B that directs the supreme
5 10 court to prescribe rules regarding the guidelines for
5 11 parenting plans, being deemed of immediate importance, takes
5 12 effect upon enactment.
5 13
5 14
5 15
5 16 CHRISTOPHER C. RANTS
5 17 Speaker of the House
5 18
5 19
5 20
5 21 JEFFREY M. LAMBERTI
5 22 President of the Senate
5 23
5 24 I hereby certify that this bill originated in the House and
5 25 is known as House File 2455, Eightieth General Assembly.
5 26
5 27
5 28
5 29 MARGARET THOMSON
5 30 Chief Clerk of the House
5 31 Approved , 2004
5 32
5 33
5 34
5 35 THOMAS J. VILSACK
6 1 Governor