House
File
2022
-
Introduced
HOUSE
FILE
2022
BY
WOLFE
A
BILL
FOR
An
Act
relating
to
dissolutions
of
certain
marriages
which
were
1
solemnized
in
the
state.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2022
Section
1.
Section
598.2,
Code
2014,
is
amended
to
read
as
1
follows:
2
598.2
Jurisdiction
and
venue.
3
1.
The
district
court
has
original
jurisdiction
of
the
4
subject
matter
of
this
chapter
.
Venue
shall
be
in
the
county
5
where
either
party
resides.
6
2.
Notwithstanding
any
provision
to
the
contrary,
the
7
district
court
has
original
jurisdiction
of
the
dissolution
8
of
a
marriage
solemnized
in
this
state,
notwithstanding
that
9
the
residence
of
the
petitioner
and
respondent
are
not
in
10
this
state,
if
neither
the
petitioner
nor
respondent
resides
11
in
a
jurisdiction
that
by
law
affirmatively
permits
such
a
12
proceeding
to
be
brought
in
the
courts
of
that
jurisdiction.
13
If
neither
the
petitioner
nor
respondent
for
a
dissolution
of
14
marriage
under
this
subsection
resides
in
the
state,
a
petition
15
for
dissolution
of
the
marriage
shall
be
filed
in
the
county
in
16
which
the
parties
were
married.
Unless
otherwise
provided
in
17
this
chapter,
any
action
for
dissolution
of
marriage
under
this
18
subsection
shall
be
subject
to
the
laws
of
this
state.
19
Sec.
2.
Section
598.5,
subsection
1,
Code
2014,
is
amended
20
by
adding
the
following
new
paragraph:
21
NEW
PARAGRAPH
.
l.
Notwithstanding
and
in
lieu
of
any
22
provision
of
this
subsection
to
the
contrary,
if
the
residence
23
of
the
petitioner
and
the
respondent
are
not
in
this
state,
24
allege
that
the
court
has
jurisdiction
of
the
dissolution
of
25
marriage
pursuant
to
section
598.2,
subsection
2,
and
state
the
26
residence
of
the
petitioner
and
the
respondent.
27
Sec.
3.
Section
598.9,
Code
2014,
is
amended
to
read
as
28
follows:
29
598.9
Residence
——
failure
of
proof.
30
If
Unless
the
court
has
jurisdiction
of
the
dissolution
31
of
marriage
pursuant
to
section
598.2,
subsection
2,
if
the
32
averments
as
to
residence
are
not
fully
proved,
the
hearing
33
shall
proceed
no
further,
and
the
action
be
dismissed
by
the
34
court.
35
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2022
Sec.
4.
Section
598.10,
subsection
2,
Code
2014,
is
amended
1
to
read
as
follows:
2
2.
The
court
may
make
such
an
order
when
a
claim
for
3
temporary
support
is
made
by
the
petitioner
in
the
petition,
or
4
upon
application
of
either
party,
after
service
of
the
original
5
notice
and
when
no
application
is
made
in
the
petition;
6
however,
no
such
order
shall
be
entered
until
at
least
five
7
days’
notice
of
hearing,
and
opportunity
to
be
heard,
is
given
8
the
other
party.
Appearance
by
an
attorney
or
the
respondent
9
for
such
hearing
shall
be
deemed
a
special
appearance
for
the
10
purpose
of
such
hearing
only
and
not
a
general
appearance.
An
11
order
entered
pursuant
to
this
section
shall
contain
the
names,
12
birth
dates,
addresses,
and
counties
of
residence
,
unless
13
inapplicable
pursuant
to
section
598.2,
subsection
2,
of
the
14
petitioner
and
respondent.
15
Sec.
5.
Section
598.21,
subsection
8,
Code
2014,
is
amended
16
to
read
as
follows:
17
8.
Necessary
content
of
order.
Orders
made
pursuant
to
18
this
section
need
mention
only
those
factors
relevant
to
the
19
particular
case
for
which
the
orders
are
made
but
shall
contain
20
the
names,
birth
dates,
addresses,
and
counties
of
residence
,
21
unless
inapplicable
pursuant
to
section
598.2,
subsection
2,
of
22
the
petitioner
and
respondent.
23
Sec.
6.
Section
598.21A,
subsection
2,
Code
2014,
is
amended
24
to
read
as
follows:
25
2.
Necessary
content
of
order.
Orders
made
pursuant
to
26
this
section
need
mention
only
those
factors
relevant
to
the
27
particular
case
for
which
the
orders
are
made
but
shall
contain
28
the
names,
birth
dates,
addresses,
and
counties
of
residence
,
29
unless
inapplicable
pursuant
to
section
598.2,
subsection
2,
of
30
the
petitioner
and
respondent.
31
Sec.
7.
Section
598.21B,
subsection
4,
Code
2014,
is
amended
32
to
read
as
follows:
33
4.
Necessary
content
of
order.
Orders
made
pursuant
to
34
this
section
need
mention
only
those
factors
relevant
to
the
35
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2022
particular
case
for
which
the
orders
are
made
but
shall
contain
1
the
names,
birth
dates,
addresses,
and
counties
of
residence
,
2
unless
inapplicable
pursuant
to
section
598.2,
subsection
2,
of
3
the
petitioner
and
respondent.
4
Sec.
8.
Section
598.21C,
subsection
8,
Code
2014,
is
amended
5
to
read
as
follows:
6
8.
Necessary
content
of
order.
Orders
made
pursuant
to
7
this
section
need
mention
only
those
factors
relevant
to
the
8
particular
case
for
which
the
orders
are
made
but
shall
contain
9
the
names,
birth
dates,
addresses,
and
counties
of
residence
,
10
unless
inapplicable
pursuant
to
section
598.2,
subsection
2,
of
11
the
petitioner
and
respondent.
12
Sec.
9.
Section
598.21F,
subsection
7,
Code
2014,
is
amended
13
to
read
as
follows:
14
7.
Necessary
content
of
order.
Orders
made
pursuant
to
15
this
section
need
mention
only
those
factors
relevant
to
the
16
particular
case
for
which
the
orders
are
made
but
shall
contain
17
the
names,
birth
dates,
addresses,
and
counties
of
residence
,
18
unless
inapplicable
pursuant
to
section
598.2,
subsection
2,
of
19
the
petitioner
and
respondent.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
dissolution
of
marriage
proceedings.
24
Under
current
law,
the
district
court
has
original
jurisdiction
25
over
dissolutions
of
marriage,
with
venue
being
in
the
county
26
where
either
party
resides,
and,
unless
the
respondent
is
a
27
resident
of
the
state
and
is
served
by
personal
service,
the
28
petitioner
must
verify
that
the
petitioner
has
resided
in
the
29
state
in
good
faith
and
not
for
the
purpose
of
obtaining
a
30
dissolution
of
marriage
only,
for
the
last
year.
The
bill
31
provides
that
notwithstanding
any
provision
to
the
contrary,
32
the
district
court
has
original
jurisdiction
of
the
dissolution
33
of
a
marriage
solemnized
in
this
state,
notwithstanding
that
34
the
residence
of
the
petitioner
and
respondent
are
not
in
35
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2022
this
state,
if
neither
the
petitioner
nor
respondent
resides
1
in
a
jurisdiction
that
by
law
affirmatively
permits
such
a
2
proceeding
to
be
brought
in
the
courts
of
that
jurisdiction.
3
If
neither
the
petitioner
nor
respondent
for
a
dissolution
of
4
marriage
under
the
bill
resides
in
the
state,
any
petition
for
5
dissolution
of
the
marriage
shall
be
filed
in
the
county
in
6
which
the
parties
were
married.
Unless
otherwise
provided,
any
7
action
for
dissolution
of
marriage
under
the
new
provision
is
8
subject
to
the
laws
of
this
state.
The
bill
provides
that
if
9
the
residence
of
the
petitioner
and
the
respondent
are
not
in
10
this
state,
instead
of
providing
the
county
of
residence
of
the
11
respondent
and
alleging
residency
in
the
state
for
one
year,
12
the
petitioner
is
to
allege
that
the
court
has
jurisdiction
of
13
the
dissolution
of
marriage
under
the
new
provision
and
state
14
the
residence
of
the
petitioner
and
the
respondent.
The
bill
15
also
makes
conforming
Code
changes
where
references
are
made
to
16
stating
a
county
of
residence.
17
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