Senate Study Bill 3033 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SODDERS) A BILL FOR An Act relating to exceptions to the meeting of a required 1 ninety-day waiting period prior to the granting of a decree 2 for dissolution of marriage. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5335XC (1) 86 pf/nh
S.F. _____ Section 1. Section 598.19, Code 2016, is amended to read as 1 follows: 2 598.19 Waiting period before decree —— exceptions . 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 is longer. 9 However, 10 2. Notwithstanding subsection 1, the court may , in its 11 discretion, on grant a decree dissolving a marriage prior to 12 the expiration of the applicable time period, provided all 13 notice requirements have been met and any of the following 14 conditions is met: 15 a. On 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 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill provides an additional exception to the granting 35 -1- LSB 5335XC (1) 86 pf/nh 1/ 2
S.F. _____ of a decree dissolving a marriage prior to the expiration of a 1 90-day time period. 2 Under current law, a decree dissolving a marriage cannot be 3 granted before 90 days have elapsed from the day the original 4 notice is served, from the last day of publication of notice, 5 from the date that waiver or acceptance of original notice is 6 filed, or until after conciliation is completed, whichever 7 period is longer, with one exception. The exception is that, 8 as long as all notice requirements are met, on written motion 9 supported by affidavit setting forth grounds of emergency or 10 necessity and facts which satisfy the court that immediate 11 action is warranted or required to protect the substantive 12 rights or interests of any party or person who might be 13 affected by the decree, the court may hold a hearing and grant 14 a decree dissolving the marriage prior to the expiration of the 15 90-day period. 16 Under the bill, the current exception to the required 17 expiration of the 90-day waiting period is continued with the 18 modification that a hearing is not required on the motion. 19 Additionally, the bill adds the agreement of the parties to the 20 exceptions to the required 90-day waiting period if all notice 21 requirements are met. 22 -2- LSB 5335XC (1) 86 pf/nh 2/ 2