Senate File 2308 - Introduced SENATE FILE 2308 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 2021) A BILL FOR An Act relating to protections for persons with mental illness 1 in a dissolution of marriage action. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5148SV (1) 83 pf/nh

S.F. 2308 Section 1. Section 598.5, subsection 1, Code 2009, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . l. State that the respondent has no mental 3 illness that prevents the respondent from obtaining legal 4 counsel, entering a general or special appearance, or filing a 5 motion or pleading in the case. 6 Sec. 2. Section 598.8, subsection 2, paragraph a, Code 2009, 7 is amended by adding the following new subparagraph: 8 NEW SUBPARAGRAPH . (4) The petitioner has stated in the 9 petition, as verified by the petitioner and established by 10 competent evidence, that the respondent has no mental illness 11 that prevents the respondent from obtaining legal counsel, 12 entering a general or special appearance, or filing a motion 13 or pleading in the case. 14 Sec. 3. Section 598.8, subsection 2, paragraph b, Code 2009, 15 is amended by adding the following new subparagraph: 16 NEW SUBPARAGRAPH . (3) The petitioner has stated in the 17 petition, as verified by the petitioner and established by 18 competent evidence, that the respondent has no mental illness 19 that prevents the respondent from obtaining legal counsel, 20 entering a general or special appearance, or filing a motion 21 or pleading in the case. 22 Sec. 4. Section 598.21, subsection 5, paragraph d, Code 23 Supplement 2009, is amended to read as follows: 24 d. The age and physical , mental, and emotional health of the 25 parties. 26 Sec. 5. Section 598.21A, subsection 1, paragraph b, Code 27 2009, is amended to read as follows: 28 b. The age and physical , mental, and emotional health of the 29 parties. 30 EXPLANATION 31 This bill requires that a petition for dissolution of 32 marriage state that the respondent does not have a mental 33 illness that prevents the respondent from obtaining legal 34 counsel, entering a general or special appearance, or filing 35 -1- LSB 5148SV (1) 83 pf/nh 1/ 2

S.F. 2308 a motion or pleading in the case. Current law provides that a 1 petitioner must verify the petition and the allegations of the 2 petition must be established by competent evidence. The bill 3 also requires that in order for the court to enter a decree of 4 dissolution without a hearing, one of the criterion that must 5 be met is for the petitioner to have stated in the petition, 6 as verified by the petitioner and established by competent 7 evidence, that the respondent has no mental illness that 8 prevents the respondent from obtaining legal counsel, entering 9 a general or special appearance, or filing a motion or pleading 10 in the case. 11 The bill also provides that in division of the property of 12 the parties and in granting spousal support, the court must 13 consider the mental health of the parties in addition to the 14 age and physical and emotional health of the parties. 15 -2- LSB 5148SV (1) 83 pf/nh 2/ 2