House File 338 - Introduced HOUSE FILE 338 BY GASSMAN , HEARTSILL , SHAW , ALONS , SCHULTZ , DOLECHECK , and SALMON A BILL FOR An Act relating to the grounds for dissolution of marriage when 1 minor children are involved. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1380YH (3) 85 pf/nh

H.F. 338 Section 1. NEW SECTION . 598.4A Dissolution of marriage —— 1 grounds when minor children involved. 2 A party may petition for dissolution of marriage only upon 3 proof of any of the following when the welfare of any minor 4 child may be affected by the controversy: 5 1. The other party has committed adultery. 6 2. The other party has committed a felony and has been 7 sentenced to imprisonment. 8 3. The other party has abandoned the matrimonial domicile 9 for a period of one year or more and refuses to return. 10 4. The other party has physically or sexually abused the 11 party seeking the order or dissolution or a child of one of the 12 parties. 13 5. The parties have been living separate and apart 14 continuously without reconciliation for a period of two years 15 or more. 16 Sec. 2. Section 598.5, subsection 1, paragraph g, Code 2013, 17 is amended to read as follows: 18 g. (1) Allege If there are not minor children whose welfare 19 may be affected by the controversy, allege that there has been 20 a breakdown of the marriage relationship to the extent that 21 the legitimate objects of matrimony have been destroyed and 22 there remains no reasonable likelihood that the marriage can 23 be preserved. 24 (2) If there are minor children whose welfare may be 25 affected by the controversy, allege one or more grounds for the 26 dissolution specified in section 598.4A. 27 Sec. 3. Section 598.8, subsection 2, paragraph a, 28 subparagraph (1), Code 2013, is amended to read as follows: 29 (1) The parties have certified in writing one of the 30 following: 31 (a) If there are not minor children whose welfare may be 32 affected by the controversy, that there has been a breakdown 33 of the marriage relationship to the extent that the legitimate 34 objects of matrimony have been destroyed and there remains no 35 -1- LSB 1380YH (3) 85 pf/nh 1/ 4

H.F. 338 reasonable likelihood that the marriage can be preserved. 1 (b) If there are minor children whose welfare may be 2 affected by the controversy, proof of one or more of the 3 grounds alleged in the petition as specified in section 598.4A. 4 Sec. 4. Section 598.8, subsection 2, paragraph b, 5 subparagraph (1), Code 2013, is amended to read as follows: 6 (1) The petitioner has certified in writing one of the 7 following: 8 (a) If there are not minor children whose welfare may be 9 affected by the controversy, that there has been a breakdown 10 of the marriage relationship to the extent that the legitimate 11 objects of matrimony have been destroyed and there remains no 12 reasonable likelihood that the marriage can be preserved. 13 (b) If there are minor children whose welfare may be 14 affected by the controversy, proof of one or more of the 15 grounds alleged in the petition as specified in section 598.4A. 16 Sec. 5. Section 598.17, Code 2013, is amended to read as 17 follows: 18 598.17 Dissolution of marriage —— evidence. 19 1. A decree dissolving the marriage may be entered when the 20 court is satisfied from the evidence presented of one of the 21 following: 22 a. If there are not minor children whose welfare may be 23 affected by the controversy, that there has been a breakdown 24 of the marriage relationship to the extent that the legitimate 25 objects of matrimony have been destroyed and there remains no 26 reasonable likelihood that the marriage can be preserved. 27 b. If there are minor children whose welfare may be affected 28 by the controversy, that there is satisfactory evidence of one 29 or more of the grounds alleged in the petition as specified in 30 section 598.4A. 31 2. The decree shall state that the dissolution is granted 32 to the parties, and shall not state that it is granted to only 33 one party. 34 3. If at the time of trial petitioner fails to present 35 -2- LSB 1380YH (3) 85 pf/nh 2/ 4

H.F. 338 satisfactory evidence that there has been a breakdown of 1 the marriage relationship to the extent that the legitimate 2 objects of matrimony have been destroyed and there remains no 3 reasonable likelihood that the marriage can be preserved, or of 4 one or more of the grounds alleged in the petition as specified 5 in section 598.4A, the respondent may then proceed to present 6 such evidence as though the respondent had filed the original 7 petition. 8 4. A dissolution of marriage granted when one of the spouses 9 has mental illness shall not relieve the other spouse of any 10 obligation imposed by law as a result of the marriage for the 11 support of the spouse with mental illness. The court may 12 make issue an order for the support or may waive the support 13 obligation when satisfied from the evidence that it would 14 create an undue hardship on the obliged spouse or that spouse’s 15 other dependents. 16 EXPLANATION 17 This bill relates to the grounds that must be alleged in 18 a petition for dissolution of marriage. The bill retains 19 the present grounds of an allegation that there has been a 20 breakdown of the marriage relationship to the extent that 21 the legitimate objects of matrimony have been destroyed and 22 there remains no reasonable likelihood that the marriage can 23 be preserved in circumstances in which there is no minor child 24 affected. However, when a minor child may be affected by the 25 controversy, the bill establishes five grounds that may be 26 alleged in the petition for dissolution: 27 1. The other party has committed adultery. 28 2. The other party has committed a felony and has been 29 sentenced to imprisonment. 30 3. The other party has abandoned the matrimonial domicile 31 for a period of one year or more and refuses to return. 32 4. The other party has physically or sexually abused the 33 party seeking the order or dissolution or a child of one of the 34 parties. 35 -3- LSB 1380YH (3) 85 pf/nh 3/ 4

H.F. 338 5. The parties have been living separate and apart 1 continuously without reconciliation for a period of two years 2 or more. 3 The bill also makes conforming changes in Code chapter 598 4 (dissolution of marriage and domestic relations) to reflect the 5 difference in applicable grounds contingent upon whether or not 6 a minor child may be affected. 7 -4- LSB 1380YH (3) 85 pf/nh 4/ 4