S.F. 2172 Section 1. Section 595.4, subsection 1, Code 2026, is 1 amended to read as follows: 2 1. a. Previous to the issuance of any license to marry, 3 the parties desiring the license shall sign and file a verified 4 application with the county registrar which application 5 either may be mailed to the parties at their request or 6 may be signed by them at the office of the county registrar 7 in the county in which the license is to be issued. The 8 application shall include the social security number of each 9 applicant and shall set forth at least one affidavit of some 10 competent and disinterested person stating the facts as to 11 age and qualification of the parties. Upon the filing of the 12 application for a license to marry, the county registrar shall 13 file the application in a record kept for that purpose and 14 shall take all necessary steps to ensure the confidentiality of 15 the social security number of each applicant. All information 16 included on an application may be provided as mutually agreed 17 upon by the state registrar of vital statistics and child 18 support services, including by automated exchange. 19 b. (1) The parties desiring a license to marry may jointly 20 elect to waive dissolution of marriage based solely on a 21 breakdown of the marriage relationship by filing a waiver 22 prescribed by the judicial branch. The waiver shall be filed 23 with the county registrar at the time the verified application 24 for a license to marry is filed. 25 (2) A waiver filed under this section shall mean that the 26 parties would be subject to the grounds of dissolution of 27 marriage provided in section 598.4A and shall only be valid if 28 signed voluntarily by both parties. 29 Sec. 2. NEW SECTION . 598.4A Dissolution of marriage —— 30 grounds if no-fault divorce waived. 31 1. If the parties executed a waiver pursuant to section 32 595.4, subsection 1, paragraph “b” , a party may petition 33 for dissolution of marriage only upon proof of any of the 34 following: 35 -1- LSB 5641XS (3) 91 lh/jh 1/ 5

S.F. 2172 a. The other party has committed adultery. 1 b. The other party has committed a felony and has been 2 sentenced to imprisonment. 3 c. The other party has abandoned the matrimonial domicile 4 for a period of one year or more and refuses to return. 5 d. The other party has physically or sexually abused the 6 party seeking the order or dissolution or a child of one of the 7 parties. 8 e. The parties have been living separate and apart 9 continuously without reconciliation for a period of two years 10 or more. 11 2. A waiver executed pursuant to section 595.4, subsection 12 1, paragraph “b” , is presumed valid unless a party establishes 13 by clear and convincing evidence that the waiver was not 14 executed voluntarily or by fraud, duress, or coercion. 15 Sec. 3. Section 598.5, subsection 1, paragraph g, Code 2026, 16 is amended to read as follows: 17 g. (1) Allege If there is not a waiver executed pursuant to 18 section 595.4, subsection 1, paragraph “b” , allege that there 19 has been a breakdown of the marriage relationship to the extent 20 that the legitimate objects of matrimony have been destroyed 21 and there remains no reasonable likelihood that the marriage 22 can be preserved. 23 (2) If there is not a waiver executed pursuant to section 24 595.4, subsection 1, paragraph “b” , allege one or more grounds 25 for the dissolution specified in section 598.4A. 26 Sec. 4. Section 598.8, subsection 2, paragraph a, 27 subparagraph (1), Code 2026, is amended to read as follows: 28 (1) The parties have certified in writing one of the 29 following: 30 (a) If there is not a waiver executed pursuant to section 31 595.4, subsection 1, paragraph “b” , that there has been a 32 breakdown of the marriage relationship to the extent that the 33 legitimate objects of matrimony have been destroyed and there 34 remains no reasonable likelihood that the marriage can be 35 -2- LSB 5641XS (3) 91 lh/jh 2/ 5

S.F. 2172 preserved. 1 (b) If there is a waiver executed pursuant to section 595.4, 2 subsection 1, paragraph “b” , proof of one or more of the grounds 3 alleged in the petition as specified in section 598.4A. 4 Sec. 5. Section 598.8, subsection 2, paragraph b, 5 subparagraph (1), Code 2026, is amended to read as follows: 6 (1) The petitioner has certified in writing one of the 7 following: 8 (a) If there is not a waiver executed pursuant to section 9 595.4, subsection 1, paragraph “b” , that there has been a 10 breakdown of the marriage relationship to the extent that the 11 legitimate objects of matrimony have been destroyed and there 12 remains no reasonable likelihood that the marriage can be 13 preserved. 14 (b) If there is a waiver executed pursuant to section 595.4, 15 subsection 1, paragraph “b” , proof of one or more of the grounds 16 alleged in the petition as specified in section 598.4A. 17 Sec. 6. Section 598.17, Code 2026, is amended to read as 18 follows: 19 598.17 Dissolution of marriage —— evidence. 20 1. A decree dissolving the marriage may be entered when the 21 court is satisfied from the evidence presented of one of the 22 following: 23 a. If there is not a waiver executed pursuant to section 24 595.4, subsection 1, paragraph “b” , that there has been a 25 breakdown of the marriage relationship to the extent that the 26 legitimate objects of matrimony have been destroyed and there 27 remains no reasonable likelihood that the marriage can be 28 preserved. 29 b. If there is a waiver executed pursuant to section 30 595.4, subsection 1, paragraph “b” , that there is satisfactory 31 evidence of one or more of the grounds alleged in the petition 32 as specified in section 598.4A. 33 2. The decree shall state that the dissolution is granted 34 to the parties, and shall not state that it is granted to only 35 -3- LSB 5641XS (3) 91 lh/jh 3/ 5

S.F. 2172 one party. 1 2. 3. If at the time of trial petitioner fails to present 2 satisfactory evidence that there has been a breakdown of 3 the marriage relationship to the extent that the legitimate 4 objects of matrimony have been destroyed and there remains no 5 reasonable likelihood that the marriage can be preserved, or of 6 one or more of the grounds alleged in the petition as specified 7 in section 598.4A, the respondent may then proceed to present 8 such evidence as though the respondent had filed the original 9 petition. 10 3. 4. A dissolution of marriage granted when one of the 11 spouses has mental illness shall not relieve the other spouse 12 of any obligation imposed by law as a result of the marriage 13 for the support of the spouse with mental illness. The court 14 may make issue an order for the support or may waive the 15 support obligation when satisfied from the evidence that it 16 would create an undue hardship on the obliged spouse or that 17 spouse’s other dependents. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to marriage, including the grounds for 22 dissolution of marriage. 23 The bill provides that parties applying for a marriage 24 license may also submit a waiver to waive dissolution 25 of marriage based solely on a breakdown of the marriage 26 relationship. The waiver, as prescribed by the judicial 27 branch, must be signed voluntarily by both parties and filed 28 with the county registrar at the time the application for a 29 marriage license is filed. 30 The bill creates grounds for dissolution of marriage for 31 parties who filed a waiver with their marriage license. To 32 dissolve the marriage, a party must provide proof that the 33 other party committed adultery, committed a felony and was 34 sentenced to imprisonment, has abandoned the marriage home 35 -4- LSB 5641XS (3) 91 lh/jh 4/ 5

S.F. 2172 for more than a year and refuses to return, has physically or 1 sexually abused the party or a child of one of the parties, or 2 that the parties have been living separately for at least two 3 years. If the parties file a waiver, the waiver is presumed 4 valid unless a party establishes by clear and convincing 5 evidence that the waiver is not executed voluntarily or by 6 fraud, duress, or coercion. 7 The bill makes conforming changes in Code chapter 598 8 (dissolution of marriage and domestic relations) to reflect the 9 difference in applicable grounds contingent upon whether or not 10 the parties filed a waiver. 11 -5- LSB 5641XS (3) 91 lh/jh 5/ 5