HF 2022 (LSB 5104YH (5) 85)

HOUSE FILE 2022

BY  WOLFE

A BILL FOR

An Act relating to dissolutions of certain marriages which were solemnized in the state.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 598.2, Code 2014, is amended to read as follows:
   598.2  Jurisdiction and venue.
   1.  The district court has original jurisdiction of the subject matter of this chapter. Venue shall be in the county where either party resides.
   2.  Notwithstanding any provision to the contrary, the district court has original jurisdiction of the dissolution of a marriage solemnized in this state, notwithstanding that the residence of the petitioner and respondent are not in this state, if neither the petitioner nor respondent resides in a jurisdiction that by law affirmatively permits such a proceeding to be brought in the courts of that jurisdiction. If neither the petitioner nor respondent for a dissolution of marriage under this subsection resides in the state, a petition for dissolution of the marriage shall be filed in the county in which the parties were married. Unless otherwise provided in this chapter, any action for dissolution of marriage under this subsection shall be subject to the laws of this state.
    Sec. 2.  Section 598.5, subsection 1, Code 2014, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  l.  Notwithstanding and in lieu of any provision of this subsection to the contrary, if the residence of the petitioner and the respondent are not in this state, allege that the court has jurisdiction of the dissolution of marriage pursuant to section 598.2, subsection 2, and state the residence of the petitioner and the respondent.
    Sec. 3.  Section 598.9, Code 2014, is amended to read as follows:
   598.9  Residence —— failure of proof.

   If Unless the court has jurisdiction of the dissolution of marriage pursuant to section 598.2, subsection 2, if the averments as to residence are not fully proved, the hearing shall proceed no further, and the action be dismissed by the court.
    Sec. 4.  Section 598.10, subsection 2, Code 2014, is amended to read as follows:
   2.  The court may make such an order when a claim for temporary support is made by the petitioner in the petition, or upon application of either party, after service of the original notice and when no application is made in the petition; however, no such order shall be entered until at least five days’ notice of hearing, and opportunity to be heard, is given the other party. Appearance by an attorney or the respondent for such hearing shall be deemed a special appearance for the purpose of such hearing only and not a general appearance. An order entered pursuant to this section shall contain the names, birth dates, addresses, and counties of residence, unless inapplicable pursuant to section 598.2, subsection 2, of the petitioner and respondent.
    Sec. 5.  Section 598.21, subsection 8, Code 2014, is amended to read as follows:
   8.  Necessary content of order.  Orders made pursuant to this section need mention only those factors relevant to the particular case for which the orders are made but shall contain the names, birth dates, addresses, and counties of residence, unless inapplicable pursuant to section 598.2, subsection 2, of the petitioner and respondent.
    Sec. 6.  Section 598.21A, subsection 2, Code 2014, is amended to read as follows:
   2.  Necessary content of order.  Orders made pursuant to this section need mention only those factors relevant to the particular case for which the orders are made but shall contain the names, birth dates, addresses, and counties of residence, unless inapplicable pursuant to section 598.2, subsection 2, of the petitioner and respondent.
    Sec. 7.  Section 598.21B, subsection 4, Code 2014, is amended to read as follows:
   4.  Necessary content of order.  Orders made pursuant to this section need mention only those factors relevant to the particular case for which the orders are made but shall contain the names, birth dates, addresses, and counties of residence, unless inapplicable pursuant to section 598.2, subsection 2, of the petitioner and respondent.
    Sec. 8.  Section 598.21C, subsection 8, Code 2014, is amended to read as follows:
   8.  Necessary content of order.  Orders made pursuant to this section need mention only those factors relevant to the particular case for which the orders are made but shall contain the names, birth dates, addresses, and counties of residence, unless inapplicable pursuant to section 598.2, subsection 2, of the petitioner and respondent.
    Sec. 9.  Section 598.21F, subsection 7, Code 2014, is amended to read as follows:
   7.  Necessary content of order.  Orders made pursuant to this section need mention only those factors relevant to the particular case for which the orders are made but shall contain the names, birth dates, addresses, and counties of residence, unless inapplicable pursuant to section 598.2, subsection 2, of the petitioner and respondent.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to dissolution of marriage proceedings. Under current law, the district court has original jurisdiction over dissolutions of marriage, with venue being in the county where either party resides, and, unless the respondent is a resident of the state and is served by personal service, the petitioner must verify that the petitioner has resided in the state in good faith and not for the purpose of obtaining a dissolution of marriage only, for the last year. The bill provides that notwithstanding any provision to the contrary, the district court has original jurisdiction of the dissolution of a marriage solemnized in this state, notwithstanding that the residence of the petitioner and respondent are not in this state, if neither the petitioner nor respondent resides in a jurisdiction that by law affirmatively permits such a proceeding to be brought in the courts of that jurisdiction. If neither the petitioner nor respondent for a dissolution of marriage under the bill resides in the state, any petition for dissolution of the marriage shall be filed in the county in which the parties were married. Unless otherwise provided, any action for dissolution of marriage under the new provision is subject to the laws of this state. The bill provides that if the residence of the petitioner and the respondent are not in this state, instead of providing the county of residence of the respondent and alleging residency in the state for one year, the petitioner is to allege that the court has jurisdiction of the dissolution of marriage under the new provision and state the residence of the petitioner and the respondent. The bill also makes conforming Code changes where references are made to stating a county of residence.