HF 16 (LSB 1432YH (2) 86)

HOUSE FILE 16

BY  FISHER

A BILL FOR

An Act relating to the granting of a dissolution of marriage when the respondent is convicted of a crime against the petitioner and is incarcerated at the time of the filing of the petition for dissolution of marriage.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 598.5, subsection 1, Code 2015, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  l.  State whether the respondent has been convicted of a crime against the petitioner and is incarcerated for such crime at the time of the filing of the petition.
    Sec. 2.  Section 598.8, subsection 2, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   The court may enter a decree of dissolution without a hearing under either any of the following circumstances:
    Sec. 3.  Section 598.8, subsection 2, Code 2015, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  The petition includes a statement as specified in section 598.5, subsection 1, paragraph “l”, and all of the following circumstances have been met:
   (1)  The respondent has been properly served, but has failed to timely file an answer to the petition.
   (2)  The waiting period provisions under section 598.19 have been met or an exception granted.
   (3)  The petitioner has certified in writing that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
   (4)  All documents required by the court and by statute have been filed.

   A petitioner to whom this paragraph “c” applies shall not be subject to payment of respondent’s attorney fees.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill provides that if a petition for dissolution of marriage includes a statement that the respondent has been convicted of a crime against the petitioner and is incarcerated for such crime at the time of the filing of the petition, the court may grant the dissolution of marriage without a hearing if: (1) the respondent has been properly served, but has failed to timely file an answer to the petition; (2) the waiting period provisions for a dissolution have been met or an exception granted; (3) the petitioner has certified in writing that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved; and (4) all documents required by the court and by statute have been filed. A petitioner under these circumstances is not subject to payment of respondent’s attorney fees.