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 undereitherany 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.NoA 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, theNotwithstanding 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