House
File
16
-
Introduced
HOUSE
FILE
16
BY
FISHER
A
BILL
FOR
An
Act
relating
to
the
granting
of
a
dissolution
of
marriage
1
when
the
respondent
is
convicted
of
a
crime
against
the
2
petitioner
and
is
incarcerated
at
the
time
of
the
filing
of
3
the
petition
for
dissolution
of
marriage.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1432YH
(2)
86
pf/nh
H.F.
16
Section
1.
Section
598.5,
subsection
1,
Code
2015,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
l.
State
whether
the
respondent
has
been
3
convicted
of
a
crime
against
the
petitioner
and
is
incarcerated
4
for
such
crime
at
the
time
of
the
filing
of
the
petition.
5
Sec.
2.
Section
598.8,
subsection
2,
unnumbered
paragraph
6
1,
Code
2015,
is
amended
to
read
as
follows:
7
The
court
may
enter
a
decree
of
dissolution
without
a
hearing
8
under
either
any
of
the
following
circumstances:
9
Sec.
3.
Section
598.8,
subsection
2,
Code
2015,
is
amended
10
by
adding
the
following
new
paragraph:
11
NEW
PARAGRAPH
.
c.
The
petition
includes
a
statement
as
12
specified
in
section
598.5,
subsection
1,
paragraph
“l”
,
and
all
13
of
the
following
circumstances
have
been
met:
14
(1)
The
respondent
has
been
properly
served,
but
has
failed
15
to
timely
file
an
answer
to
the
petition.
16
(2)
The
waiting
period
provisions
under
section
598.19
have
17
been
met
or
an
exception
granted.
18
(3)
The
petitioner
has
certified
in
writing
that
there
has
19
been
a
breakdown
of
the
marriage
relationship
to
the
extent
20
that
the
legitimate
objects
of
matrimony
have
been
destroyed
21
and
there
remains
no
reasonable
likelihood
that
the
marriage
22
can
be
preserved.
23
(4)
All
documents
required
by
the
court
and
by
statute
have
24
been
filed.
25
A
petitioner
to
whom
this
paragraph
“c”
applies
shall
not
be
26
subject
to
payment
of
respondent’s
attorney
fees.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
provides
that
if
a
petition
for
dissolution
of
31
marriage
includes
a
statement
that
the
respondent
has
been
32
convicted
of
a
crime
against
the
petitioner
and
is
incarcerated
33
for
such
crime
at
the
time
of
the
filing
of
the
petition,
34
the
court
may
grant
the
dissolution
of
marriage
without
a
35
-1-
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1432YH
(2)
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pf/nh
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2
H.F.
16
hearing
if:
(1)
the
respondent
has
been
properly
served,
but
1
has
failed
to
timely
file
an
answer
to
the
petition;
(2)
the
2
waiting
period
provisions
for
a
dissolution
have
been
met
or
an
3
exception
granted;
(3)
the
petitioner
has
certified
in
writing
4
that
there
has
been
a
breakdown
of
the
marriage
relationship
to
5
the
extent
that
the
legitimate
objects
of
matrimony
have
been
6
destroyed
and
there
remains
no
reasonable
likelihood
that
the
7
marriage
can
be
preserved;
and
(4)
all
documents
required
by
8
the
court
and
by
statute
have
been
filed.
A
petitioner
under
9
these
circumstances
is
not
subject
to
payment
of
respondent’s
10
attorney
fees.
11
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1432YH
(2)
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pf/nh
2/
2