House
Study
Bill
12
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ANDERSON)
A
BILL
FOR
An
Act
relating
to
the
waiting
period
before
the
granting
of
a
1
decree
dissolving
a
marriage.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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1597HC
(2)
84
pf/nh
H.F.
_____
Section
1.
Section
598.19,
Code
2011,
is
amended
to
read
as
1
follows:
2
598.19
Waiting
period
before
decree.
3
1.
No
A
decree
dissolving
a
marriage
shall
not
be
granted
4
in
any
proceeding
before
ninety
days
shall
have
elapsed
from
5
the
day
the
original
notice
is
served,
or
from
the
last
6
day
of
publication
of
notice,
or
from
the
date
that
waiver
7
or
acceptance
of
original
notice
is
filed
or
until
after
8
conciliation
is
completed,
whichever
period
shall
be
longer.
9
However,
10
2.
Notwithstanding
subsection
1,
the
court
may
in
its
11
discretion,
on
hold
a
hearing
and
grant
a
decree
dissolving
12
the
marriage
prior
to
the
expiration
of
the
applicable
period,
13
provided
that
the
notice
requirements
have
been
met
and
any
of
14
the
following
conditions
is
met:
15
a.
On
the
agreement
of
the
parties.
16
b.
On
written
motion
supported
by
affidavit
setting
forth
17
grounds
of
emergency
or
necessity
and
facts
which
satisfy
the
18
court
that
immediate
action
is
warranted
or
required
to
protect
19
the
substantive
rights
or
interests
of
any
party
or
person
who
20
might
be
affected
by
the
decree
,
hold
a
hearing
and
grant
a
21
decree
dissolving
the
marriage
prior
to
the
expiration
of
the
22
applicable
period,
provided
that
requirements
of
notice
have
23
been
complied
with
.
In
such
case
the
grounds
of
emergency
or
24
necessity
and
the
facts
with
respect
thereto
to
the
grounds
25
shall
be
recited
in
the
decree
unless
otherwise
ordered
by
the
26
court.
27
3.
The
court
may
enter
an
order
finding
the
respondent
in
28
default
and
waiving
conciliation
when
the
respondent
has
failed
29
to
file
an
appearance
within
the
time
set
forth
in
the
original
30
notice.
31
EXPLANATION
32
This
bill
provides
an
additional
basis
for
waiver
of
the
33
requirement
of
the
elapsing
of
a
90-day
waiting
period
prior
34
to
the
granting
of
a
dissolution
decree.
In
addition
to
the
35
-1-
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1597HC
(2)
84
pf/nh
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2
H.F.
_____
existing
basis
of
emergency
or
necessity,
under
the
bill
the
1
court
may,
in
its
discretion,
hold
a
hearing
and
grant
a
2
dissolution
decree
prior
to
the
elapsing
of
the
90-day
waiting
3
period
on
agreement
of
the
parties.
4
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