Senate File 60 - Introduced



                                       SENATE FILE       
                                       BY  KREIMAN


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to exceptions to the hearing and waiting period
  2    requirements applicable to the granting of a decree dissolving
  3    a marriage.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1859XS 81
  6 pf/sh/8

PAG LIN



  1  1    Section 1.  Section 598.8, subsection 2, unnumbered
  1  2 paragraph 1, Code 2005, is amended to read as follows:
  1  3    The court may enter a decree of dissolution without a
  1  4 hearing under either any of the following circumstances:
  1  5    Sec. 2.  Section 598.8, subsection 2, Code 2005, is amended
  1  6 by adding the following new paragraphs:
  1  7    NEW PARAGRAPH.  c.  All of the following circumstances have
  1  8 been met:
  1  9    (1)  There are no children whose welfare may be affected by
  1 10 the controversy.
  1 11    (2)  The parties have provided documentation of the
  1 12 completion of marital counseling within the six=month period
  1 13 prior to filing the petition for dissolution.  The marital
  1 14 counseling completed shall be provided only by one of the
  1 15 following:
  1 16    (a)  A person ordained or designated as a leader of a
  1 17 party's religious faith or the person's designee.
  1 18    (b)  A person licensed to practice psychology pursuant to
  1 19 chapter 154B.
  1 20    (c)  A person licensed to practice social work as a
  1 21 licensed master social worker or a licensed independent social
  1 22 worker pursuant to chapter 154C.
  1 23    (d)  A person licensed to practice marital and family
  1 24 therapy or mental health counseling pursuant to chapter 154D.
  1 25    (3)  The parties have certified in writing that there has
  1 26 been a breakdown of the marriage relationship to the extent
  1 27 that the legitimate objects of matrimony have been destroyed
  1 28 and there remains no reasonable likelihood that the marriage
  1 29 can be preserved.
  1 30    (4)  All documents required by the court and by statute
  1 31 have been filed.
  1 32    (5)  The parties have entered into a written agreement
  1 33 settling all of the issues involved in the dissolution of
  1 34 marriage.
  1 35    NEW PARAGRAPH.  d.  The respondent has not entered a
  2  1 general or special appearance or filed a motion or pleading in
  2  2 the case and all of the following circumstances have been met:
  2  3    (1)  There are no children whose welfare may be affected by
  2  4 the controversy.
  2  5    (2)  The petitioner has provided documentation of the
  2  6 completion by the parties of marital counseling within the
  2  7 six=month period prior to filing the petition for dissolution.
  2  8 The marital counseling completed shall be provided only by one
  2  9 of the following:
  2 10    (a)  A person ordained or designated as a leader of a
  2 11 party's religious faith or the person's designee.
  2 12    (b)  A person licensed to practice psychology pursuant to
  2 13 chapter 154B.
  2 14    (c)  A person licensed to practice social work as a
  2 15 licensed master social worker or a licensed independent social
  2 16 worker pursuant to chapter 154C.
  2 17    (d)  A person licensed to practice marital and family
  2 18 therapy or mental health counseling pursuant to chapter 154D.
  2 19    (3)  The petitioner has certified in writing that there has
  2 20 been a breakdown of the marriage relationship to the extent
  2 21 that the legitimate objects of matrimony have been destroyed
  2 22 and there remains no reasonable likelihood that the marriage
  2 23 can be preserved.
  2 24    (4)  All documents required by the court and by statute
  2 25 have been filed.
  2 26    Sec. 3.  Section 598.19, Code 2005, is amended to read as
  2 27 follows:
  2 28    598.19  WAITING PERIOD BEFORE DECREE.
  2 29    1.  No A decree dissolving a marriage shall not be granted
  2 30 in any proceeding before ninety days shall have elapsed from
  2 31 the day the original notice is served, or from the last day of
  2 32 publication of notice, or from the date that waiver or
  2 33 acceptance of original notice is filed or until after
  2 34 conciliation is completed, whichever period shall be longer.
  2 35    2.  However, the Notwithstanding subsection 1, the court
  3  1 may grant a decree dissolving a marriage before the period
  3  2 described in subsection 1 in accordance with any of the
  3  3 following:
  3  4    a.  The court may in its discretion, on written motion
  3  5 supported by affidavit setting forth grounds of emergency or
  3  6 necessity and facts which satisfy the court that immediate
  3  7 action is warranted or required to protect the substantive
  3  8 rights or interests of any party or person who might be
  3  9 affected by the decree, hold a hearing and grant a decree
  3 10 dissolving the marriage prior to the expiration of the
  3 11 applicable period, provided that requirements of notice have
  3 12 been complied with. In such case the grounds of emergency or
  3 13 necessity and the facts with respect thereto shall be recited
  3 14 in the decree unless otherwise ordered by the court. The court
  3 15 may enter an order finding the respondent in default and
  3 16 waiving conciliation when the respondent has failed to file an
  3 17 appearance within the time set forth in the original notice.
  3 18    b.  The parties comply with the requirements pursuant to
  3 19 section 598.8, subsection 2, paragraph "c" or "d".
  3 20                           EXPLANATION
  3 21    This bill provides that a court may grant a decree of
  3 22 dissolution of marriage without a hearing if the parties have
  3 23 complied with either of two separate sets of circumstances.
  3 24 The bill also provides that if the parties meet the
  3 25 requirements of either set of circumstances, the parties may
  3 26 be granted a decree of dissolution prior to the expiration of
  3 27 the 90=day waiting period.  Both sets of circumstances include
  3 28 that there are no children whose welfare might be affected by
  3 29 the controversy, that either both parties or the petitioner,
  3 30 as applicable, have provided documentation of the completion
  3 31 of marital counseling within the six=month period preceding
  3 32 the filing of the petition for dissolution of marriage, that
  3 33 either both parties or the petitioner, as applicable, have
  3 34 certified a breakdown of the marriage, and that all required
  3 35 documents have been filed.  In addition, the parties must have
  4  1 settled all of the issues involved in the dissolution or the
  4  2 respondent has not responded in the matter.
  4  3 LSB 1859XS 81
  4  4 pf:nh/sh/8