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 joined therewith with 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, no a
  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.  Allege that 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 preserved one 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 writing that 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 preserved demonstrated 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 writing that 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 preserved demonstrated 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 presented that 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 preserved of 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 evidence that 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 preserved of
  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 may make issue 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