Senate Study Bill 1038 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOGG) 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 TLSB 1492XC (3) 85 pf/nh

S.F. _____ Section 1. Section 598.19, Code 2013, 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 grant a decree dissolving the marriage prior 12 to the expiration of the applicable period, provided that the 13 notice requirements have been met and any of the following 14 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- LSB 1492XC (3) 85 pf/nh 1/ 2

S.F. _____ existing basis of emergency or necessity, under the bill the 1 court may, in its discretion, grant a dissolution decree prior 2 to the elapsing of the 90-day waiting period on agreement of 3 the parties. 4 -2- LSB 1492XC (3) 85 pf/nh 2/ 2