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