House File 564 - Introduced HOUSE FILE BY SCHULTZ Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the establishment of exclusive grounds for a 2 dissolution of marriage. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2237HH 83 5 pf/rj/5 PAG LIN 1 1 Section 1. Section 598.3, Code 2009, is amended to read as 1 2 follows: 1 3 598.3 KIND OF ACTION == JOINDER. 1 4 An action for dissolution of marriage shall be by equitable 1 5 proceedings, and no cause of action, save for alimony, shall 1 6 be joinedtherewithwith the action.Such actions shall not 1 7 be subject to counterclaim or cross petition by the 1 8 respondent.After the appearance of the respondent,noa 1 9 dismissal of the cause of action shall not be allowed unless 1 10 both the petitioner and the respondent sign the dismissal. 1 11 Sec. 2. NEW SECTION. 598.4A DISSOLUTION OF MARRIAGE == 1 12 EXCLUSIVE GROUNDS. 1 13 A party may petition for dissolution of marriage only upon 1 14 proof of any of the following: 1 15 1. The other party has committed adultery. 1 16 2. The other party has committed a felony and has been 1 17 sentenced to imprisonment. 1 18 3. The other party has willfully abandoned the matrimonial 1 19 domicile for a period of at least one year and refuses to 1 20 return. 1 21 4. The other party has physically or sexually abused the 1 22 other party or a child of the parties. 1 23 5. The parties have been living separate and apart 1 24 continuously without reconciliation for a period of two years. 1 25 6. The other party is a chronic substance abuser. 1 26 Sec. 3. Section 598.5, subsection 1, paragraph g, Code 1 27 2009, is amended to read as follows: 1 28 g. Allegethat there has been a breakdown of the marriage 1 29 relationship to the extent that the legitimate objects of 1 30 matrimony have been destroyed and there remains no reasonable 1 31 likelihood that the marriage can be preservedone or more 1 32 grounds for the dissolution specified in section 598.4A. 1 33 Sec. 4. NEW SECTION. 598.5B COUNTERCLAIM. 1 34 The respondent may obtain a dissolution of marriage upon a 1 35 counterclaim based upon any of the grounds specified in 2 1 section 598.4A. 2 2 Sec. 5. Section 598.8, subsection 2, paragraph a, 2 3 subparagraph (1), Code 2009, is amended to read as follows: 2 4 (1) The parties have certified in writingthat there has 2 5 been a breakdown of the marriage relationship to the extent 2 6 that the legitimate objects of matrimony have been destroyed 2 7 and there remains no reasonable likelihood that the marriage 2 8 can be preserveddemonstrated proof of one or more grounds 2 9 alleged in the petition for dissolution. 2 10 Sec. 6. Section 598.8, subsection 2, paragraph b, 2 11 subparagraph (1), Code 2009, is amended to read as follows: 2 12 (1) The petitioner has certified in writingthat there has 2 13 been a breakdown of the marriage relationship to the extent 2 14 that the legitimate objects of matrimony have been destroyed 2 15 and there remains no reasonable likelihood that the marriage 2 16 can be preserveddemonstrated proof of one or more grounds 2 17 alleged in the petition for dissolution. 2 18 Sec. 7. Section 598.17, Code 2009, is amended to read as 2 19 follows: 2 20 598.17 DISSOLUTION OF MARRIAGE == EVIDENCE. 2 21 1. A decree dissolving the marriage may be entered when 2 22 the court is satisfied from the evidence presentedthat there 2 23 has been a breakdown of the marriage relationship to the 2 24 extent that the legitimate objects of matrimony have been 2 25 destroyed and there remains no reasonable likelihood that the 2 26 marriage can be preservedof one or more grounds alleged in 2 27 the petition for dissolution. The decree shall state that the 2 28 dissolution is granted to the parties, and shall not state 2 29 that it is granted to only one party. 2 30 2. If at the time of trial petitioner fails to present 2 31 satisfactory evidencethat there has been a breakdown of the 2 32 marriage relationship to the extent that the legitimate 2 33 objects of matrimony have been destroyed and there remains no 2 34 reasonable likelihood that the marriage can be preservedof 2 35 one or more of the grounds alleged in the petition for 3 1 dissolution, the respondent may then proceed to present such 3 2 evidence as though the respondent had filed the original 3 3 petition. 3 4 3. A dissolution of marriage granted when one of the 3 5 spouses has mental illness shall not relieve the other spouse 3 6 of any obligation imposed by law as a result of the marriage 3 7 for the support of the spouse with mental illness. The court 3 8 maymakeissue an order for the support or may waive the 3 9 support obligation when satisfied from the evidence that it 3 10 would create an undue hardship on the obliged spouse or that 3 11 spouse's other dependents. 3 12 Sec. 8. NEW SECTION. 598.18A FAULT OF PARTIES 3 13 CONSIDERED. 3 14 If, upon trial of an action for dissolution of marriage, 3 15 one party is found to have committed an act or acts which 3 16 would support or justify a decree of dissolution of marriage 3 17 based upon one or more grounds alleged in the petition, such 3 18 dissolution may be decreed and the act or acts of the one 3 19 party shall be considered in any order for disposition of 3 20 property pursuant to section 598.21, any order for spousal 3 21 support pursuant to section 598.21A, any order for child 3 22 support and medical support pursuant to section 598.21B, any 3 23 award of custody pursuant to section 598.41, and in any 3 24 subsequent modification of such order. 3 25 EXPLANATION 3 26 This bill establishes bases for the dissolution of 3 27 marriage. Current law requires a party petitioning for 3 28 dissolution of marriage to allege that there has been a 3 29 breakdown of the marriage relationship to the extent that the 3 30 legitimate objects of matrimony have been destroyed and there 3 31 remains no reasonable likelihood that the marriage can be 3 32 preserved. The bill would require instead that a party 3 33 allege: the other party has committed adultery; the other 3 34 party has committed a felony and has been sentenced to 3 35 imprisonment; the other party has willfully abandoned the 4 1 matrimonial domicile for a period of at least one year and 4 2 refuses to return; the other party has physically or sexually 4 3 abused the other party or a child of the parties; the parties 4 4 have been living separate and apart continuously without 4 5 reconciliation for a period of two years; or the other party 4 6 is a chronic substance abuser. 4 7 The bill also provides that if one party is found to have 4 8 committed an act or acts which would support or justify a 4 9 decree of dissolution of marriage based upon the grounds 4 10 alleged in the petition, the act or acts of the one party 4 11 shall be considered in any order for disposition of property, 4 12 spousal support, or child support and medical support, and in 4 13 any award of custody, and also in any subsequent modification 4 14 of such order. 4 15 The bill also makes conforming changes to reflect the 4 16 changes in the bill requiring the proof of grounds for a 4 17 dissolution of marriage. 4 18 LSB 2237HH 83 4 19 pf/rj/5