Senate File 2141 - Introduced



                                       SENATE FILE       
                                       BY  ZAUN, JOHNSON, McKINLEY,
                                           WIECK, ZIEMAN, BOETTGER,
                                           MULDER, SEYMOUR, HAHN,
                                           and ANGELO


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

                                      A BILL FOR

  1 An Act relating to the consideration of certain factors in
  2    division of property in a dissolution of marriage proceeding.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5832XS 82
  5 pf/nh/5

PAG LIN



  1  1    Section 1.  Section 598.21, Code Supplement 2007, is
  1  2 amended by adding the following new subsection:
  1  3    NEW SUBSECTION.  5A.  ADDITIONAL CONSIDERATIONS == FINDING
  1  4 OF FAULT.  Notwithstanding the requirement of equitable
  1  5 distribution of property pursuant to subsection 5, if there
  1  6 are any minor children whose welfare may be affected by the
  1  7 dissolution of marriage and if the parties to a dissolution of
  1  8 marriage do not meet the requirements in section 598.8,
  1  9 subsection 2, for entrance of a dissolution decree without a
  1 10 hearing, in addition to the factors specified in subsection 5,
  1 11 if the court finds proof of any of the following factors, the
  1 12 court may consider such factors in the distribution of
  1 13 property, and may distribute the property accordingly:
  1 14    a.  A party committed adultery.
  1 15    b.  A party committed a felony and has been sentenced to
  1 16 imprisonment.
  1 17    c.  A party has abandoned the matrimonial domicile for a
  1 18 period of one year and refuses to return.
  1 19    d.  A party has physically or sexually abused the party
  1 20 seeking the dissolution or a child of one of the parties.
  1 21    e.  The parties have been living separately and apart
  1 22 continuously without reconciliation for a period of two years.
  1 23                           EXPLANATION
  1 24    This bill relates to the distribution of property in a
  1 25 dissolution of marriage proceeding.  The bill provides that if
  1 26 there are minor children who may be affected by the
  1 27 dissolution and if the parties do not meet the requirements
  1 28 that exempt the parties from a hearing on the petition for
  1 29 dissolution of marriage, then notwithstanding the requirement
  1 30 for an equitable distribution of property, the court may
  1 31 consider, in addition to existing factors, factors relating to
  1 32 fault of the parties, if the court finds proof of the factors,
  1 33 and may then distribute the property accordingly.  The bill
  1 34 specifies the grounds for a finding of fault including:  a
  1 35 party committed adultery; a party committed a felony and has
  2  1 been sentenced to imprisonment; a party has abandoned the
  2  2 matrimonial domicile for a period of one year and refuses to
  2  3 return; a party has physically or sexually abused the party
  2  4 seeking the dissolution or a child of one of the parties; or
  2  5 the parties have been living separately and apart continuously
  2  6 without reconciliation for a period of two years.
  2  7 LSB 5832XS 82
  2  8 pf/nh/5.1