SF 2308 (LSB 5148SV (1) 83)

SENATE FILE 2308

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 2021)

A BILL FOR

An Act relating to protections for persons with mental illness in a dissolution of marriage action.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 598.5, subsection 1, Code 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  l.  State that the respondent has no mental illness that prevents the respondent from obtaining legal counsel, entering a general or special appearance, or filing a motion or pleading in the case.
    Sec. 2.  Section 598.8, subsection 2, paragraph a, Code 2009, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (4)  The petitioner has stated in the petition, as verified by the petitioner and established by competent evidence, that the respondent has no mental illness that prevents the respondent from obtaining legal counsel, entering a general or special appearance, or filing a motion or pleading in the case.
    Sec. 3.  Section 598.8, subsection 2, paragraph b, Code 2009, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (3)  The petitioner has stated in the petition, as verified by the petitioner and established by competent evidence, that the respondent has no mental illness that prevents the respondent from obtaining legal counsel, entering a general or special appearance, or filing a motion or pleading in the case.
    Sec. 4.  Section 598.21, subsection 5, paragraph d, Code Supplement 2009, is amended to read as follows:
   d.  The age and physical, mental, and emotional health of the parties.
    Sec. 5.  Section 598.21A, subsection 1, paragraph b, Code 2009, is amended to read as follows:
   b.  The age and physical, mental, and emotional health of the parties.
EXPLANATION
   This bill requires that a petition for dissolution of marriage state that the respondent does not have a mental illness that prevents the respondent from obtaining legal counsel, entering a general or special appearance, or filing a motion or pleading in the case. Current law provides that a petitioner must verify the petition and the allegations of the petition must be established by competent evidence. The bill also requires that in order for the court to enter a decree of dissolution without a hearing, one of the criterion that must be met is for the petitioner to have stated in the petition, as verified by the petitioner and established by competent evidence, that the respondent has no mental illness that prevents the respondent from obtaining legal counsel, entering a general or special appearance, or filing a motion or pleading in the case.
   The bill also provides that in division of the property of the parties and in granting spousal support, the court must consider the mental health of the parties in addition to the age and physical and emotional health of the parties.