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Senate
File
2172
-
Introduced
SENATE
FILE
2172
BY
GREEN
A
BILL
FOR
An
Act
relating
to
marriage,
including
the
grounds
for
1
dissolution
of
marriage.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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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:
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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
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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
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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
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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.
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