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 TLSB 5104YH (5) 85 pf/nh
H.F. 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 -1- LSB 5104YH (5) 85 pf/nh 1/ 4
H.F. 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 -2- LSB 5104YH (5) 85 pf/nh 2/ 4
H.F. 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 -3- LSB 5104YH (5) 85 pf/nh 3/ 4
H.F. 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 -4- LSB 5104YH (5) 85 pf/nh 4/ 4