Senate File 517 - Introduced SENATE FILE 517 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 235) A BILL FOR An Act relating to domestic relations proceedings involving 1 parties with a history of domestic abuse. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1584SV (2) 88 pf/rh

S.F. 517 Section 1. Section 598.5, subsection 1, Code 2019, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . l. State whether a history of domestic abuse 3 exists as specified in section 598.41, subsection 3, paragraph 4 “j” . 5 Sec. 2. Section 598.19, Code 2019, is amended to read as 6 follows: 7 598.19 Waiting period before decree. 8 1. No A decree dissolving a marriage shall not be granted 9 in any proceeding before ninety days shall have elapsed from 10 the day the original notice is served, or from the last 11 day of publication of notice, or from the date that waiver 12 or acceptance of original notice is filed or until after 13 conciliation is completed, whichever period shall be longer. 14 2. However, the court may in its discretion, on written 15 motion supported by affidavit setting forth grounds of 16 emergency or necessity and facts which satisfy the court that 17 immediate action is warranted or required to protect the 18 substantive rights or interests of any party or person who 19 might be affected by the decree, hold a hearing and grant a 20 decree dissolving the marriage prior to the expiration of the 21 applicable period, provided that requirements of notice have 22 been complied with. In such case the grounds of emergency or 23 necessity and the facts with respect thereto to such grounds 24 shall be recited in the decree unless otherwise ordered by 25 the court. For the purposes of this subsection, “grounds of 26 emergency or necessity” shall include an allegation in the 27 petition filed pursuant to section 598.5, that a history 28 of domestic abuse exists as specified in section 598.41, 29 subsection 3, paragraph “j” , as established by competent 30 evidence. 31 3. The court may enter an order finding the respondent in 32 default and waiving conciliation when the respondent has failed 33 to file an appearance within the time set forth in the original 34 notice. 35 -1- LSB 1584SV (2) 88 pf/rh 1/ 2

S.F. 517 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill provides that if a petitioner includes in the 4 petition for a dissolution of marriage a statement that a 5 history of domestic abuse exists as specified in the bill under 6 current law, the allegation of a history of domestic abuse 7 as established by competent evidence constitutes grounds of 8 emergency or necessity on which basis the court may determine 9 immediate action is warranted or required, hold a hearing, and 10 grant a decree dissolving the marriage prior to the expiration 11 of the usual waiting period before a decree may be granted. 12 -2- LSB 1584SV (2) 88 pf/rh 2/ 2