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 TLSB 2414XC (3) 87 pf/rj
S.F. _____ 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 35 -1- LSB 2414XC (3) 87 pf/rj 1/ 2
S.F. _____ 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. 12 -2- LSB 2414XC (3) 87 pf/rj 2/ 2