Senate
Study
Bill
1102
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
the
waiting
period
before
the
granting
of
a
1
decree
for
dissolution
of
marriage.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
598.19,
Code
2017,
is
amended
to
read
as
1
follows:
2
598.19
Waiting
period
before
decree.
3
1.
No
A
decree
dissolving
a
marriage
shall
not
be
granted
in
4
any
proceeding
before
ninety
days
shall
have
elapsed
from
the
5
any
of
the
following
actions,
whichever
period
is
longest:
6
a.
The
day
the
original
notice
is
served
,
or
from
the
.
7
b.
The
last
day
of
publication
of
notice
,
or
from
the
.
8
c.
The
date
that
waiver
or
acceptance
of
original
notice
is
9
filed
or
until
after
.
10
d.
The
date
of
execution
of
a
collaborative
law
11
participation
agreement
or
a
mediation
agreement
by
both
12
parties.
13
e.
After
conciliation
ordered
under
section
598.16
is
14
completed
,
whichever
period
shall
be
longer
.
However,
15
2.
Notwithstanding
subsection
1,
the
court
may
in
its
16
discretion,
on
written
motion
supported
by
affidavit
setting
17
forth
grounds
of
emergency
or
necessity
and
facts
which
satisfy
18
the
court
that
immediate
action
is
warranted
or
required
to
19
protect
the
substantive
rights
or
interests
of
any
party
or
20
person
who
might
be
affected
by
the
decree,
hold
a
hearing
and
21
grant
a
decree
dissolving
the
marriage
prior
to
the
expiration
22
of
the
applicable
period,
provided
that
requirements
of
notice
23
have
been
complied
with.
In
such
case
the
grounds
of
emergency
24
or
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
relates
to
the
waiting
period
prior
to
the
granting
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_____
of
a
decree
for
dissolution
of
marriage.
Under
current
law,
1
a
decree
dissolving
a
marriage
shall
not
be
granted
in
any
2
proceeding
before
90
days
shall
have
elapsed
from
whichever
3
period
is
longer
from
the
day
or
date
of
certain
actions.
4
Under
current
law,
these
actions
include
the
day
the
original
5
notice
is
served,
the
last
day
of
publication
of
the
notice,
6
the
date
that
waiver
or
acceptance
of
original
notice
is
7
filed,
or
after
conciliation
is
completed.
The
bill
adds
the
8
additional
action
of
the
date
of
execution
of
a
collaborative
9
law
participation
agreement
or
a
mediation
agreement
by
10
both
parties.
The
bill
also
specifies
that
the
conciliation
11
referenced
is
that
ordered
under
Code
section
598.16.
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