House
File
442
-
Introduced
HOUSE
FILE
442
BY
GASSMAN
A
BILL
FOR
An
Act
relating
to
marriage
and
divorce,
and
including
1
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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(4)
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DIVISION
I
1
COVENANT
MARRIAGE
2
Section
1.
Section
331.602,
Code
2015,
is
amended
by
adding
3
the
following
new
subsection:
4
NEW
SUBSECTION
.
39A.
Record
all
declarations
of
intent
5
pursuant
to
chapter
595A
that
are
presented
to
the
recorder’s
6
office
for
recording,
upon
payment
of
a
fee
in
accordance
with
7
section
331.604.
8
Sec.
2.
NEW
SECTION
.
595.3B
Certificate
of
marriage
——
9
covenant
marriage
designation.
10
In
addition
to
any
other
information
contained
in
a
11
certificate
of
marriage,
the
certificate
of
marriage
shall
12
include
a
section
to
allow
the
parties
to
designate
the
13
marriage
as
a
covenant
marriage.
14
Sec.
3.
NEW
SECTION
.
595.3C
Covenant
marriage
——
15
information
pamphlet.
16
The
county
registrar
shall
provide
each
applicant
for
a
17
marriage
license
with
a
copy
of
the
informational
pamphlet
18
on
covenant
marriage
prepared
by
the
office
of
the
attorney
19
general
pursuant
to
section
595A.6.
20
Sec.
4.
NEW
SECTION
.
595.14
Covenant
marriage
——
21
declaration
return.
22
If
the
parties
wish
to
designate
the
marriage
a
covenant
23
marriage,
after
the
marriage
has
been
solemnized,
the
24
officiating
minister
or
magistrate
shall
return
the
completed
25
certificate
of
marriage
with
the
section
designating
the
26
marriage
as
a
covenant
marriage
clearly
indicated
to
the
county
27
registrar
in
the
county
in
which
the
parties
applied
for
a
28
license
to
marry,
within
fifteen
days
of
the
solemnization.
29
Additionally,
the
parties
to
the
marriage
shall
record
the
30
declaration
of
intent
with
the
county
recorder
in
the
county
in
31
which
the
parties
applied
for
the
license
to
marry,
and
shall
32
pay
the
fee
in
accordance
with
section
331.604.
33
Sec.
5.
NEW
SECTION
.
595A.1
Covenant
marriage
——
intent
——
34
conditions
to
create.
35
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442
1.
The
parties
who
intend
to
enter
a
covenant
marriage
shall
1
execute
a
declaration
of
intent
to
contract
a
covenant
marriage
2
as
provided
in
section
595A.2.
3
2.
A
covenant
marriage
is
a
contract
entered
into
by
two
4
parties
who
understand
and
agree
that
the
marriage
between
them
5
is
a
lifelong
relationship,
as
indicated
in
the
declaration
of
6
intent
signed
by
both
parties.
Parties
to
a
covenant
marriage
7
shall
receive
premarital
education
prior
to
entering
the
8
covenant
marriage
which
emphasizes
the
nature
and
purposes
of
9
marriage
and
the
responsibilities
of
marriage.
Only
when
there
10
has
been
a
complete
and
total
breach
of
the
marital
covenant
11
contract
shall
the
nonbreaching
party
be
allowed
to
seek
a
12
declaration
that
the
marriage
is
no
longer
legally
recognized.
13
3.
Parties
to
a
covenant
marriage
shall
receive
at
least
14
twelve
hours
of
premarital
education
that
is
provided
by
a
15
licensed
or
ordained
minister,
or
the
minister’s
designee,
16
a
person
authorized
to
solemnize
marriages
under
section
17
595.10,
a
psychologist
licensed
pursuant
to
chapter
154B,
or
18
a
marital
and
family
therapist
licensed
pursuant
to
chapter
19
154D.
The
education
provided
shall
include
a
discussion
of
the
20
seriousness
of
marriage
and
that
it
is
a
commitment
for
life,
21
the
teaching
of
communication
skills,
the
teaching
of
conflict
22
management
skills,
and
a
discussion
of
the
obligation
to
seek
23
marital
counseling
in
times
of
marital
difficulties.
24
4.
The
declaration
of
intent
to
enter
a
covenant
marriage
25
is
aspirational
only
and
a
failure
by
a
party
to
comply
with
26
the
statements
contained
in
the
declaration
does
not
constitute
27
additional
grounds
for
dissolution
of
a
covenant
marriage
28
beyond
those
provided
in
section
595A.4.
29
Sec.
6.
NEW
SECTION
.
595A.2
Covenant
marriage
——
contents
30
of
declaration
of
intent.
31
1.
A
declaration
of
intent
to
contract
a
covenant
marriage
32
shall
contain
all
of
the
following:
33
a.
A
statement
by
the
parties
to
the
following
effect:
34
“We,
(names
of
both
parties),
solemnly
declare
our
intent
to
35
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enter
into
a
covenant
marriage
and
we
agree
to
live
together
1
as
spouses
as
long
as
we
both
live.
We
have
chosen
each
other
2
carefully
and
voluntarily
accept
the
exclusive
grounds
for
3
dissolution
of
a
covenant
marriage.
We
have
received
the
4
required
premarital
education,
which
included
a
discussion
of
5
the
seriousness
of
marriage
and
that
it
is
a
commitment
for
6
life,
the
teaching
of
communication
skills,
the
teaching
of
7
conflict
management
skills,
and
a
discussion
of
the
obligation
8
to
seek
marital
counseling
in
times
of
marital
difficulties.
9
We
have
read
the
pamphlet
regarding
covenant
marriage
and
10
understand
that
a
covenant
marriage
is
for
life.
If
either
11
of
us
experiences
serious
difficulties
with
the
marriage,
we
12
accept
the
ethical
responsibility
to
inform
the
other
spouse
13
about
the
extent
of
those
problems
in
time
for
corrective
14
action
to
be
taken
and
will
make
all
reasonable
efforts
to
15
preserve
our
marriage,
including
participation
in
marital
16
counseling.”
17
b.
A
statement
from
the
person
who
provided
the
premarital
18
education
to
the
following
effect:
19
“I,
(name
of
provider),
confirm
that
(names
of
both
parties
20
to
the
marriage)
received
at
least
twelve
hours
of
premarital
21
education
that
complies
with
Iowa
Code
section
595A.1.
I
am
22
a
licensed
or
ordained
minister,
the
minister’s
designee,
23
a
person
authorized
to
solemnize
marriages
under
Iowa
Code
24
section
595.10,
a
psychologist
licensed
pursuant
to
Iowa
Code
25
chapter
154B,
or
a
marital
and
family
therapist
licensed
26
pursuant
to
Iowa
Code
chapter
154D.”
27
c.
(1)
The
signature
of
both
parties,
witnessed
by
a
notary
28
public.
29
(2)
If
one
or
both
of
the
parties
are
minors,
the
written
30
consent
or
authorization
of
those
persons
required
under
31
section
595.2
to
consent
to
or
authorize
the
marriage
of
32
minors.
33
2.
The
declaration
of
intent
shall
be
prepared
in
duplicate
34
originals,
one
of
which
shall
be
retained
by
the
parties
and
35
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the
other
of
which
shall
be
returned
to
the
county
recorder
of
1
the
county
in
which
the
parties
applied
for
a
license
to
marry.
2
Sec.
7.
NEW
SECTION
.
595A.3
Covenant
marriage
——
3
applicability
to
existing
marriages.
4
1.
On
or
after
January
1,
2016,
married
parties
may
5
designate
their
marriage
as
a
covenant
marriage
by
executing
a
6
declaration
of
intent
in
accordance
with
this
section
and
by
7
complying
with
the
other
requirements
of
this
chapter.
8
2.
The
married
parties
wishing
to
designate
their
marriage
9
as
a
covenant
marriage
shall
record
a
duplicate
original
of
the
10
declaration
of
intent
with
the
county
recorder
in
the
county
in
11
which
the
parties
reside
and
shall
pay
the
fee
in
accordance
12
with
section
331.604.
The
county
recorder
shall
make
a
13
notation
on
the
declaration
of
intent
identifying
the
source
of
14
issuance
of
the
original
marriage
license
of
the
parties.
15
3.
A
declaration
of
intent
to
designate
an
existing
marriage
16
as
a
covenant
marriage
shall
contain
all
of
the
following:
17
a.
A
statement
by
the
parties
to
the
following
effect:
18
“We,
(names
of
both
parties),
solemnly
declare
that
our
19
marriage
is
a
covenant
marriage
and
we
agree
to
live
together
20
as
spouses
as
long
as
we
both
live.
We
voluntarily
accept
the
21
exclusive
grounds
for
dissolution
of
a
covenant
marriage.
We
22
have
received
the
required
marital
education,
which
included
23
a
discussion
of
the
obligation
to
seek
marital
counseling
24
in
times
of
marital
difficulties
and
an
explanation
of
the
25
exclusive
grounds
for
dissolving
a
covenant
marriage.
We
have
26
read
the
informational
pamphlet
regarding
covenant
marriage
and
27
understand
that
a
covenant
marriage
is
for
life.
If
either
28
of
us
experiences
serious
difficulties
with
the
marriage,
we
29
accept
the
ethical
responsibility
to
inform
the
other
spouse
30
about
the
extent
of
those
problems
in
time
for
corrective
31
action
to
be
taken
and
will
make
all
reasonable
efforts
to
32
preserve
our
marriage,
including
participation
in
marital
33
counseling.
With
full
knowledge
of
what
this
commitment
means,
34
we
declare
that
our
marriage
will
be
bound
by
the
state
law
on
35
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covenant
marriage
and
we
promise
to
love,
honor,
and
care
for
1
one
another
as
spouses
for
the
rest
of
our
lives.”
2
b.
A
statement
from
the
person
who
provided
the
marital
3
education
to
the
following
effect:
4
“I,
(name
of
provider),
confirm
that
(names
of
both
parties
5
to
the
marriage)
received
marital
education
that
complies
6
with
Iowa
Code
section
595A.1.
I
am
a
licensed
or
ordained
7
minister,
the
minister’s
designee,
a
person
authorized
8
to
solemnize
marriages
under
Iowa
Code
section
595.10,
a
9
psychologist
licensed
pursuant
to
Iowa
Code
chapter
154B,
or
10
a
marital
and
family
therapist
licensed
pursuant
to
Iowa
Code
11
chapter
154D.”
12
c.
The
signature
of
both
parties,
witnessed
by
a
notary
13
public.
14
4.
Parties
who
wish
to
designate
their
marriage
as
a
15
covenant
marriage
shall
receive
at
least
twelve
hours
of
16
marital
education.
The
marital
education
provided
shall
be
17
provided
by
a
licensed
or
ordained
minister,
or
the
minister’s
18
designee,
a
person
authorized
to
solemnize
marriages
under
19
section
595.10,
a
psychologist
licensed
pursuant
to
chapter
20
154B,
or
a
marital
and
family
therapist
licensed
pursuant
21
to
chapter
154D.
The
education
provided
shall
include
a
22
discussion
of
the
obligation
to
seek
marital
counseling
23
in
times
of
marital
difficulties
and
an
explanation
of
the
24
exclusive
grounds
for
dissolution
of
a
covenant
marriage.
The
25
educator
shall
provide
the
parties
with
the
informational
26
pamphlet
on
covenant
marriage
developed
by
the
office
of
the
27
attorney
general
pursuant
to
section
595A.6.
28
Sec.
8.
NEW
SECTION
.
595A.4
Dissolution
of
a
covenant
29
marriage
——
exclusive
grounds.
30
1.
Notwithstanding
any
other
law
to
the
contrary,
and
31
subsequent
to
the
parties
obtaining
marital
counseling,
a
party
32
to
a
covenant
marriage
may
obtain
a
dissolution
of
marriage
33
only
upon
proof
of
any
of
the
following:
34
a.
The
other
party
has
committed
adultery.
35
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b.
The
other
party
has
committed
a
felony
and
has
been
1
sentenced
to
imprisonment.
2
c.
The
other
party
has
abandoned
the
matrimonial
domicile
3
for
a
period
of
at
least
one
year
and
refuses
to
return.
4
d.
The
other
party
has
physically
or
sexually
abused
the
5
party
seeking
the
dissolution
or
a
child
of
one
of
the
parties.
6
e.
The
parties
have
been
living
separate
and
apart
7
continuously
without
reconciliation
for
a
period
of
at
least
8
two
years.
9
2.
Notwithstanding
subsection
1,
a
party
to
a
covenant
10
marriage
may
obtain
a
dissolution
of
marriage
without
providing
11
proof
of
any
of
the
grounds
specified
under
subsection
1
if
the
12
parties
agree
to
the
dissolution
and
there
are
no
children
of
13
the
marriage.
14
3.
In
a11
proceedings
for
dissolution
of
marriage
pursuant
15
to
subsection
1,
the
court
may
issue
an
order
of
temporary
16
support
and
maintenance
during
the
pendency
of
the
proceedings.
17
Notwithstanding
the
time
period
requirements
of
the
grounds
18
specified
pursuant
to
subsection
1,
paragraph
“c”
or
“e”,
19
a
party
to
a
covenant
marriage
may
petition
the
court
for
20
separate
support
and
maintenance
prior
to
the
elapsing
of
the
21
specified
time
period.
22
4.
In
all
proceedings
for
dissolution
of
marriage
pursuant
23
to
subsection
1,
the
court
shall
order
the
parties
to
complete
24
at
least
twelve
hours
of
marital
counseling
that
involves
both
25
parties
and
emphasizes
the
principles
of
reconciliation.
The
26
court
may
require
the
parties
to
pay
an
equal
share
of
the
27
costs
of
the
counseling
or
may
apportion
the
cost
between
the
28
parties
based
on
the
ability
to
pay.
The
counseling
shall
be
29
provided
by
a
licensed
or
ordained
minister
or
the
minister’s
30
designee,
a
person
authorized
to
solemnize
a
marriage
pursuant
31
to
section
595.10,
a
psychologist
licensed
pursuant
to
chapter
32
154B,
or
a
marital
and
family
therapist
licensed
pursuant
33
to
chapter
154D.
The
court
may
waive
all
or
part
of
the
34
counseling
requirement
to
the
extent
the
parties
have
already
35
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15
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442
received
the
required
twelve
hours
of
marital
education
within
1
one
year
of
the
petition
for
dissolution
of
marriage.
2
Sec.
9.
NEW
SECTION
.
595A.5
Covenant
marriage
——
other
3
applicable
laws.
4
1.
A
covenant
marriage
shall
be
governed
by
all
of
the
5
provisions
of
chapter
595
which
do
not
conflict
with
this
6
chapter.
7
2.
A
dissolution
of
a
covenant
marriage
shall
be
governed
by
8
all
of
the
provisions
of
chapter
598
which
do
not
conflict
with
9
this
chapter.
10
Sec.
10.
NEW
SECTION
.
595A.6
Attorney
general
——
pamphlet.
11
Prior
to
July
1,
2015,
the
office
of
the
attorney
general
12
shall
develop
an
informational
pamphlet
entitled
“Covenant
13
Marriage
Option”
which
shall
outline
in
sufficient
detail
14
the
requirements
for
entering
into
a
covenant
marriage
or
15
designating
an
existing
marriage
as
a
covenant
marriage,
16
the
implications
of
entering
into
a
covenant
marriage
or
17
designating
an
existing
marriage
as
a
covenant
marriage,
the
18
grounds
for
dissolution
of
a
covenant
marriage,
and
the
legal
19
differences
between
a
covenant
marriage
and
a
noncovenant
20
marriage.
The
informational
pamphlet
shall
be
made
available
21
to
all
offices
of
the
county
registrar
and
to
all
persons
who
22
provide
premarital
and
marital
education
under
this
chapter.
23
Sec.
11.
EFFECTIVE
UPON
ENACTMENT.
The
section
of
this
24
division
of
this
Act
enacting
section
595A.6,
relating
to
the
25
pamphlet
to
be
developed
by
the
attorney
general,
being
deemed
26
of
immediate
importance,
takes
effect
upon
enactment.
27
DIVISION
II
28
DISSOLUTION
PROCEEDINGS
29
Sec.
12.
Section
598.1,
Code
2015,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
2A.
“Educational
setting”
means
a
public
32
school,
an
accredited
nonpublic
school,
competent
private
33
instruction
in
accordance
with
the
provisions
of
chapter
299A,
34
or
any
other
method
of
educational
instruction
that
satisfies
35
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the
compulsory
education
requirements
of
chapter
299.
1
Sec.
13.
Section
598.10,
subsection
1,
Code
2015,
is
amended
2
by
adding
the
following
new
paragraph:
3
NEW
PARAGRAPH
.
c.
If
the
parents
are
in
disagreement
over
a
4
minor
child’s
educational
setting,
the
court
shall
consider
the
5
educational
setting
of
the
minor
child
in
making
a
temporary
6
order
for
custody.
There
is
a
rebuttable
presumption
that
7
it
is
in
the
best
interest
of
the
minor
child
to
remain
in
8
the
educational
setting
in
which
the
minor
child
was
enrolled
9
during
the
immediately
preceding
school
year.
10
Sec.
14.
Section
598.12,
Code
2015,
is
amended
to
read
as
11
follows:
12
598.12
Attorney
or
guardian
ad
litem
for
minor
child
——
13
investigations
——
psychologist
evaluation
.
14
1.
The
court
may
appoint
an
attorney
to
represent
the
legal
15
interests
of
the
minor
child
or
children
of
the
parties.
The
16
attorney
shall
be
empowered
to
make
independent
investigations
17
and
to
cause
witnesses
to
appear
and
testify
before
the
court
18
on
matters
pertinent
to
the
legal
interests
of
the
children.
19
2.
The
court
may
appoint
a
guardian
ad
litem
to
represent
20
the
best
interests
of
the
minor
child
or
children
of
the
21
parties.
22
a.
Unless
otherwise
enlarged
or
circumscribed
by
a
court
23
or
juvenile
court
having
jurisdiction
over
the
child
or
by
24
operation
of
law,
the
duties
of
a
guardian
ad
litem
with
25
respect
to
a
child
shall
include
all
of
the
following:
26
(1)
Conducting
general
in-person
interviews
with
the
27
child,
if
the
child’s
age
is
appropriate
for
the
interview,
28
and
interviewing
each
parent,
guardian,
or
other
person
having
29
custody
of
the
child,
if
authorized
by
the
person’s
legal
30
counsel.
31
(2)
Conducting
interviews
with
the
child,
if
the
child’s
age
32
is
appropriate
for
the
interview,
prior
to
any
court-ordered
33
hearing.
34
(3)
Visiting
the
home,
residence,
or
both
home
and
residence
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of
the
child
and
any
prospective
home
or
residence
of
the
1
child,
including
visiting
the
home
or
residence
or
prospective
2
home
or
residence
each
time
placement
is
changed.
3
(4)
Interviewing
any
person
providing
medical,
mental
4
health,
social,
educational,
or
other
services
to
the
child,
5
prior
to
any
court-ordered
hearing.
6
(5)
Obtaining
firsthand
knowledge,
if
possible,
of
facts,
7
circumstances,
and
parties
involved
in
the
matter
in
which
the
8
person
is
appointed
guardian
ad
litem.
9
(6)
Attending
any
hearings
in
the
matter
in
which
the
person
10
is
appointed
guardian
ad
litem.
11
b.
The
order
appointing
the
guardian
ad
litem
shall
grant
12
authorization
to
the
guardian
ad
litem
to
interview
any
13
relevant
person
and
inspect
and
copy
any
records
relevant
to
14
the
proceedings,
if
not
prohibited
by
federal
law.
The
order
15
shall
specify
that
the
guardian
ad
litem
may
interview
any
16
person
providing
medical,
mental
health,
social,
educational,
17
or
other
services
to
the
child;
may
attend
any
meeting
with
18
the
medical
or
mental
health
providers,
service
providers,
19
organizations,
or
educational
institutions
regarding
the
child,
20
if
deemed
necessary
by
the
guardian
ad
litem;
and
may
inspect
21
and
copy
any
records
relevant
to
the
proceedings.
22
3.
The
same
person
may
serve
both
as
the
child’s
legal
23
counsel
and
as
guardian
ad
litem.
However,
the
court
may
24
appoint
a
separate
guardian
ad
litem,
if
the
same
person
cannot
25
properly
represent
the
legal
interests
of
the
child
as
legal
26
counsel
and
also
represent
the
best
interests
of
the
child
as
27
guardian
ad
litem,
or
a
separate
guardian
ad
litem
is
required
28
to
fulfill
the
requirements
of
subsection
2
.
29
4.
The
court
may
require
that
an
appropriate
agency
make
an
30
investigation
of
both
parties
regarding
the
home
conditions,
31
parenting
capabilities,
and
other
matters
pertinent
to
the
best
32
interests
of
the
child
or
children
in
a
dispute
concerning
33
custody
of
the
child
or
children.
The
investigation
report
34
completed
by
the
appropriate
agency
shall
be
submitted
to
the
35
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court
and
available
to
both
parties.
The
investigation
report
1
completed
by
the
appropriate
agency
shall
be
a
part
of
the
2
record
unless
otherwise
ordered
by
the
court.
3
5.
The
court
shall
order
an
evaluation
of
the
child
by
a
4
child
psychologist.
The
results
of
the
evaluation
shall
be
5
submitted
to
the
court
and
available
to
both
parties.
The
6
evaluation
completed
by
the
child
psychologist
shall
be
part
of
7
the
record
unless
otherwise
ordered
by
the
court.
8
5.
6.
The
court
shall
enter
an
order
in
favor
of
the
9
attorney,
the
guardian
ad
litem,
or
an
appropriate
agency
,
or
10
the
child
psychologist
for
fees
and
disbursements,
and
the
11
amount
shall
be
charged
against
the
party
responsible
for
court
12
costs
unless
the
court
determines
that
the
party
responsible
13
for
costs
is
indigent,
in
which
event
the
fees
shall
be
borne
14
by
the
county.
15
Sec.
15.
Section
598.15,
subsection
5,
Code
2015,
is
amended
16
to
read
as
follows:
17
5.
Each
judicial
district
shall
certify
approved
courses
18
for
parties
required
to
participate
in
a
course
under
this
19
section
.
Approved
courses
may
include
those
provided
by
a
20
public
or
private
entity.
At
a
minimum
and
as
appropriate,
21
an
approved
course
shall
include
information
relating
to
the
22
parents
regarding
divorce
and
its
impact
on
the
children
and
23
family
relationship,
parenting
skills
for
divorcing
parents,
24
children’s
needs
and
coping
techniques,
and
the
financial
25
responsibilities
of
parents
following
divorce.
Each
judicial
26
district
shall
certify
an
approved
course
to
be
available
in
27
video
format
for
viewing
where
court
is
held
at
each
county
28
seat
and
in
an
on-demand
format
to
be
viewed
at
the
residence
29
of
a
party.
30
Sec.
16.
Section
598.21A,
Code
2015,
is
amended
by
adding
31
the
following
new
subsection:
32
NEW
SUBSECTION
.
1A.
Unemployed
party
——
vocational
33
assessment.
If
a
party
seeking
support
is
not
employed,
the
34
court
shall
order
a
vocational
assessment
of
the
party,
and
35
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if
the
assessment
determines
there
are
positions
available
1
consistent
with
the
party’s
skills
but
the
party
has
not
sought
2
employment,
the
court
shall
assign
a
potential
income
to
the
3
party
based
on
the
type
of
position
identified
and
shall
adjust
4
any
award
of
support
accordingly.
5
Sec.
17.
Section
598.41,
subsection
1,
paragraph
a,
Code
6
2015,
is
amended
to
read
as
follows:
7
a.
The
court
may
shall
provide
for
joint
custody
of
8
the
child
by
the
parties
,
unless
the
court
cites
clear
and
9
convincing
evidence
pursuant
to
the
factors
in
subsection
10
3,
that
joint
custody
is
unreasonable
and
not
in
the
best
11
interest
of
the
child
to
the
extent
that
the
legal
custodial
12
relationship
between
the
child
and
a
parent
should
be
severed
.
13
The
court,
insofar
as
is
reasonable
and
in
the
best
interest
14
of
the
child,
shall
order
the
custody
award,
including
liberal
15
visitation
rights
where
appropriate,
which
will
assure
the
16
child
the
opportunity
for
the
maximum
continuing
physical
and
17
emotional
contact
with
both
parents
after
the
parents
have
18
separated
or
dissolved
the
marriage,
and
which
will
encourage
19
parents
to
share
the
rights
and
responsibilities
of
raising
the
20
child
unless
direct
physical
harm
or
significant
emotional
harm
21
to
the
child,
other
children,
or
a
parent
is
likely
to
result
22
from
such
contact
with
one
parent.
23
Sec.
18.
Section
598.41,
Code
2015,
is
amended
by
adding
the
24
following
new
subsection:
25
NEW
SUBSECTION
.
4A.
If
the
court
awards
joint
legal
custody
26
to
the
parents,
but
the
parents
are
in
disagreement
over
a
27
minor
child’s
educational
setting,
the
court
shall
consider,
28
and
include
a
provision
in
the
custody
order
regarding,
the
29
educational
setting
of
the
minor
child.
There
is
a
rebuttable
30
presumption
that
it
is
in
the
best
interest
of
the
minor
child
31
to
remain
in
the
educational
setting
in
which
the
minor
child
32
was
enrolled
during
the
immediately
preceding
school
year.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
35
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
marriage
and
dissolution
of
marriage
2
proceedings.
3
Division
I
of
the
bill
establishes
the
procedure
and
4
requirements
for
a
covenant
marriage.
The
bill
requires
the
5
county
registrar
to
provide
each
applicant
for
a
marriage
6
license
with
an
informational
pamphlet
on
covenant
marriage,
7
prepared
by
the
office
of
the
attorney
general.
The
bill
8
requires
the
certificate
of
marriage
to
include
a
place
to
9
allow
the
parties
to
designate
the
marriage
as
a
covenant
10
marriage.
After
the
marriage
is
solemnized,
the
officiating
11
minister
or
magistrate
is
directed
to
return
the
completed
12
certificate
of
marriage
with
the
section
designating
the
13
marriage
a
covenant
marriage
clearly
indicated
to
the
county
14
registrar
in
the
county
in
which
the
parties
applied
for
15
a
license
to
marry,
within
15
days
of
the
solemnization.
16
Additionally,
the
parties
are
directed
to
record
the
17
declaration
of
intent
with
the
county
recorder
in
the
county
in
18
which
the
parties
applied
for
the
license
to
marry.
19
The
bill
describes
a
covenant
marriage,
requires
that
the
20
parties
to
a
covenant
marriage
complete
at
least
12
hours
of
21
premarital
education,
and
provides
that
the
declaration
of
22
intent
to
enter
a
covenant
marriage
is
aspirational
and
failure
23
of
a
party
to
comply
with
the
statements
included
in
the
24
declaration
does
not
provide
additional
grounds
for
dissolution
25
beyond
those
provided
in
the
bill.
26
The
bill
specifies
the
content
of
the
declaration
of
intent
27
and
requires
a
statement
relating
to
the
intent
of
the
parties
28
to
designate
their
marriage
as
a
covenant
marriage,
requires
a
29
statement
from
the
person
who
provided
the
premarital
education
30
relating
to
confirmation
of
the
completion
by
the
parties
of
31
the
required
education,
and
requires
the
signature
of
each
32
party,
or
if
one
or
both
of
the
parties
are
minors,
the
written
33
consent
or
authorization
of
those
persons
designated
by
law
to
34
provide
consent
or
authorization.
The
declaration
of
intent
is
35
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to
be
prepared
in
duplicate
originals
with
one
original
being
1
retained
by
the
parties
and
one
original
being
filed
with
the
2
county
recorder
in
the
county
in
which
the
parties
applied
for
3
the
license
to
marry.
4
The
bill
also
provides
a
procedure
for
parties
to
an
existing
5
marriage
on
or
after
January
1,
2016,
to
designate
their
6
marriage
as
a
covenant
marriage.
7
The
bill
provides
the
exclusive
grounds
for
obtaining
a
8
dissolution
of
a
covenant
marriage
which
include:
that
a
9
party
commits
adultery,
commits
a
felony
and
is
imprisoned,
10
abandons
the
matrimonial
domicile
for
at
least
one
year
and
11
refuses
to
return,
physically
or
sexually
abuses
the
other
12
party
or
a
child
of
one
of
the
parties,
or
is
living
separate
13
and
apart
continuously
without
reconciliation
for
a
period
of
14
at
least
two
years.
The
bill
provides
that
notwithstanding
the
15
exclusive
grounds
specified,
a
party
to
a
covenant
marriage
may
16
obtain
a
dissolution
if
the
parties
agree
to
the
dissolution
17
and
there
are
no
children
of
the
marriage.
In
all
proceedings
18
for
dissolution
based
on
a
covenant
marriage,
the
court
is
to
19
order
the
parties
to
complete
at
least
12
hours
of
marital
20
counseling.
The
court
may
waive
the
requirement
to
the
21
extent
that
the
parties
have
already
completed
other
required
22
education.
23
The
bill
provides
that
nonconflicting
provisions
of
the
24
marriage
chapter
(Code
chapter
595)
and
the
dissolution
chapter
25
(Code
chapter
598)
apply
to
covenant
marriages.
26
The
bill
directs
the
office
of
the
attorney
general,
prior
to
27
July
1,
2015,
to
develop
a
pamphlet
entitled
“Covenant
Marriage
28
Option”
to
outline
the
requirements
of
a
covenant
marriage,
29
the
implications
of
entering
into
a
covenant
marriage,
the
30
grounds
for
dissolution
of
a
covenant
marriage,
and
the
legal
31
differences
between
covenant
and
noncovenant
marriages.
The
32
pamphlet
is
to
be
available
at
the
offices
of
the
county
33
registrar
and
to
all
persons
who
provide
premarital
and
marital
34
education.
This
section
of
this
division
of
the
bill
takes
35
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effect
upon
enactment.
1
Division
II
of
the
bill
relates
to
dissolution
of
marriage
2
proceedings.
3
This
division
of
the
bill
provides
that
in
determining
4
temporary
custody
orders
or
the
award
of
joint
legal
custody
5
for
a
minor
child,
if
the
parents
are
in
disagreement
over
the
6
minor
child’s
educational
setting,
the
court
is
to
consider
7
the
educational
setting
of
the
minor
child.
In
the
case
of
8
awarding
joint
legal
custody,
the
court
is
also
to
include
a
9
provision
in
the
order
regarding
the
educational
setting
of
10
the
minor
child.
There
is
a
rebuttable
presumption
that
it
11
is
in
the
best
interest
of
the
minor
child
to
remain
in
the
12
educational
setting
in
which
the
minor
child
was
enrolled
13
during
the
immediately
preceding
school
year.
The
division
14
also
defines
“educational
setting”.
15
The
division
requires
the
court
in
a
dissolution
of
16
marriage
action
to
order
an
evaluation
of
the
child
by
a
17
child
psychologist.
The
results
of
the
evaluation
are
to
be
18
submitted
to
the
court
and
be
available
to
both
parties.
The
19
evaluation
completed
by
the
child
psychologist
is
to
be
part
of
20
the
record
unless
otherwise
ordered
by
the
court.
The
court
is
21
also
directed
to
provide
for
payment
of
the
child
psychologist
22
charged
against
the
party
responsible
for
court
costs
unless
23
the
court
determines
that
the
party
responsible
for
costs
is
24
indigent,
in
which
event
the
fees
shall
be
borne
by
the
county.
25
The
division
directs
each
judicial
district
to
certify
a
26
court-approved
course
to
educate
and
sensitize
the
parties
to
27
the
needs
of
any
child
or
party
during
and
subsequent
to
the
28
proceeding
to
be
available
in
video
format
for
viewing
where
29
court
is
held
at
each
county
seat
and
in
an
on-demand
format
to
30
be
viewed
at
the
residence
of
a
party.
31
The
division
also
provides
that
if
a
party
seeking
support
is
32
not
employed,
the
court
shall
order
a
vocational
assessment
of
33
the
party,
and
if
the
assessment
determines
there
are
positions
34
available
consistent
with
the
party’s
skills
but
the
party
35
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has
not
sought
employment,
the
court
shall
assign
a
potential
1
income
to
the
party
based
on
the
type
of
position
identified
2
and
shall
adjust
any
award
of
support
accordingly.
3
The
division
requires
the
court
to
provide
for
joint
custody
4
of
the
child
by
the
parties
unless
the
court
cites
clear
and
5
convincing
evidence
pursuant
to
the
factors
specified
for
6
consideration
by
the
court
in
determining
the
best
interest
7
of
the
child,
that
joint
custody
is
unreasonable
and
not
in
8
the
best
interest
of
the
child
to
the
extent
that
the
legal
9
custodial
relationship
between
the
child
and
a
parent
should
10
be
severed.
11
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