SSB 1038 (LSB 1492XC (3) 85)

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 decree dissolving a marriage.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 598.19, Code 2013, is amended to read as follows:
   598.19  Waiting period before decree.
   1.  No
 
A decree dissolving a marriage shall
 
not be granted in any proceeding before ninety days shall have elapsed from the day the original notice is served, or from the last day of publication of notice, or from the date that waiver or acceptance of original notice is filed or until after conciliation is completed, whichever period shall be longer. However,
   2.  Notwithstanding subsection 1,
 
the court may in its discretion, on
 
grant a decree dissolving the marriage prior to the expiration of the applicable period, provided that the notice requirements have been met and any of the following conditions is met:
   a.  On the agreement of the parties.
   b.  On written motion supported by affidavit setting forth grounds of emergency or necessity and facts which satisfy the court that immediate action is warranted or required to protect the substantive rights or interests of any party or person who might be affected by the decree, hold a hearing and grant a decree dissolving the marriage prior to the expiration of the applicable period, provided that requirements of notice have been complied with. In such case the grounds of emergency or necessity and the facts with respect thereto
 
to the grounds shall be recited in the decree unless otherwise ordered by the court.
   3.  The court may enter an order finding the respondent in default and waiving conciliation when the respondent has failed to file an appearance within the time set forth in the original notice.
EXPLANATION
   This bill provides an additional basis for waiver of the requirement of the elapsing of a 90-day waiting period prior to the granting of a dissolution decree. In addition to the existing basis of emergency or necessity, under the bill the court may, in its discretion, grant a dissolution decree prior to the elapsing of the 90-day waiting period on agreement of the parties.