Bill Text: IA HF338 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the grounds for dissolution of marriage when minor children are involved.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [HF338 Detail]
Download: Iowa-2013-HF338-Introduced.html
House
File
338
-
Introduced
HOUSE
FILE
338
BY
GASSMAN
,
HEARTSILL
,
SHAW
,
ALONS
,
SCHULTZ
,
DOLECHECK
,
and
SALMON
A
BILL
FOR
An
Act
relating
to
the
grounds
for
dissolution
of
marriage
when
1
minor
children
are
involved.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1380YH
(3)
85
pf/nh
H.F.
338
Section
1.
NEW
SECTION
.
598.4A
Dissolution
of
marriage
——
1
grounds
when
minor
children
involved.
2
A
party
may
petition
for
dissolution
of
marriage
only
upon
3
proof
of
any
of
the
following
when
the
welfare
of
any
minor
4
child
may
be
affected
by
the
controversy:
5
1.
The
other
party
has
committed
adultery.
6
2.
The
other
party
has
committed
a
felony
and
has
been
7
sentenced
to
imprisonment.
8
3.
The
other
party
has
abandoned
the
matrimonial
domicile
9
for
a
period
of
one
year
or
more
and
refuses
to
return.
10
4.
The
other
party
has
physically
or
sexually
abused
the
11
party
seeking
the
order
or
dissolution
or
a
child
of
one
of
the
12
parties.
13
5.
The
parties
have
been
living
separate
and
apart
14
continuously
without
reconciliation
for
a
period
of
two
years
15
or
more.
16
Sec.
2.
Section
598.5,
subsection
1,
paragraph
g,
Code
2013,
17
is
amended
to
read
as
follows:
18
g.
(1)
Allege
If
there
are
not
minor
children
whose
welfare
19
may
be
affected
by
the
controversy,
allege
that
there
has
been
20
a
breakdown
of
the
marriage
relationship
to
the
extent
that
21
the
legitimate
objects
of
matrimony
have
been
destroyed
and
22
there
remains
no
reasonable
likelihood
that
the
marriage
can
23
be
preserved.
24
(2)
If
there
are
minor
children
whose
welfare
may
be
25
affected
by
the
controversy,
allege
one
or
more
grounds
for
the
26
dissolution
specified
in
section
598.4A.
27
Sec.
3.
Section
598.8,
subsection
2,
paragraph
a,
28
subparagraph
(1),
Code
2013,
is
amended
to
read
as
follows:
29
(1)
The
parties
have
certified
in
writing
one
of
the
30
following:
31
(a)
If
there
are
not
minor
children
whose
welfare
may
be
32
affected
by
the
controversy,
that
there
has
been
a
breakdown
33
of
the
marriage
relationship
to
the
extent
that
the
legitimate
34
objects
of
matrimony
have
been
destroyed
and
there
remains
no
35
-1-
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1380YH
(3)
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4
H.F.
338
reasonable
likelihood
that
the
marriage
can
be
preserved.
1
(b)
If
there
are
minor
children
whose
welfare
may
be
2
affected
by
the
controversy,
proof
of
one
or
more
of
the
3
grounds
alleged
in
the
petition
as
specified
in
section
598.4A.
4
Sec.
4.
Section
598.8,
subsection
2,
paragraph
b,
5
subparagraph
(1),
Code
2013,
is
amended
to
read
as
follows:
6
(1)
The
petitioner
has
certified
in
writing
one
of
the
7
following:
8
(a)
If
there
are
not
minor
children
whose
welfare
may
be
9
affected
by
the
controversy,
that
there
has
been
a
breakdown
10
of
the
marriage
relationship
to
the
extent
that
the
legitimate
11
objects
of
matrimony
have
been
destroyed
and
there
remains
no
12
reasonable
likelihood
that
the
marriage
can
be
preserved.
13
(b)
If
there
are
minor
children
whose
welfare
may
be
14
affected
by
the
controversy,
proof
of
one
or
more
of
the
15
grounds
alleged
in
the
petition
as
specified
in
section
598.4A.
16
Sec.
5.
Section
598.17,
Code
2013,
is
amended
to
read
as
17
follows:
18
598.17
Dissolution
of
marriage
——
evidence.
19
1.
A
decree
dissolving
the
marriage
may
be
entered
when
the
20
court
is
satisfied
from
the
evidence
presented
of
one
of
the
21
following:
22
a.
If
there
are
not
minor
children
whose
welfare
may
be
23
affected
by
the
controversy,
that
there
has
been
a
breakdown
24
of
the
marriage
relationship
to
the
extent
that
the
legitimate
25
objects
of
matrimony
have
been
destroyed
and
there
remains
no
26
reasonable
likelihood
that
the
marriage
can
be
preserved.
27
b.
If
there
are
minor
children
whose
welfare
may
be
affected
28
by
the
controversy,
that
there
is
satisfactory
evidence
of
one
29
or
more
of
the
grounds
alleged
in
the
petition
as
specified
in
30
section
598.4A.
31
2.
The
decree
shall
state
that
the
dissolution
is
granted
32
to
the
parties,
and
shall
not
state
that
it
is
granted
to
only
33
one
party.
34
3.
If
at
the
time
of
trial
petitioner
fails
to
present
35
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338
satisfactory
evidence
that
there
has
been
a
breakdown
of
1
the
marriage
relationship
to
the
extent
that
the
legitimate
2
objects
of
matrimony
have
been
destroyed
and
there
remains
no
3
reasonable
likelihood
that
the
marriage
can
be
preserved,
or
of
4
one
or
more
of
the
grounds
alleged
in
the
petition
as
specified
5
in
section
598.4A,
the
respondent
may
then
proceed
to
present
6
such
evidence
as
though
the
respondent
had
filed
the
original
7
petition.
8
4.
A
dissolution
of
marriage
granted
when
one
of
the
spouses
9
has
mental
illness
shall
not
relieve
the
other
spouse
of
any
10
obligation
imposed
by
law
as
a
result
of
the
marriage
for
the
11
support
of
the
spouse
with
mental
illness.
The
court
may
12
make
issue
an
order
for
the
support
or
may
waive
the
support
13
obligation
when
satisfied
from
the
evidence
that
it
would
14
create
an
undue
hardship
on
the
obliged
spouse
or
that
spouse’s
15
other
dependents.
16
EXPLANATION
17
This
bill
relates
to
the
grounds
that
must
be
alleged
in
18
a
petition
for
dissolution
of
marriage.
The
bill
retains
19
the
present
grounds
of
an
allegation
that
there
has
been
a
20
breakdown
of
the
marriage
relationship
to
the
extent
that
21
the
legitimate
objects
of
matrimony
have
been
destroyed
and
22
there
remains
no
reasonable
likelihood
that
the
marriage
can
23
be
preserved
in
circumstances
in
which
there
is
no
minor
child
24
affected.
However,
when
a
minor
child
may
be
affected
by
the
25
controversy,
the
bill
establishes
five
grounds
that
may
be
26
alleged
in
the
petition
for
dissolution:
27
1.
The
other
party
has
committed
adultery.
28
2.
The
other
party
has
committed
a
felony
and
has
been
29
sentenced
to
imprisonment.
30
3.
The
other
party
has
abandoned
the
matrimonial
domicile
31
for
a
period
of
one
year
or
more
and
refuses
to
return.
32
4.
The
other
party
has
physically
or
sexually
abused
the
33
party
seeking
the
order
or
dissolution
or
a
child
of
one
of
the
34
parties.
35
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1380YH
(3)
85
pf/nh
3/
4
H.F.
338
5.
The
parties
have
been
living
separate
and
apart
1
continuously
without
reconciliation
for
a
period
of
two
years
2
or
more.
3
The
bill
also
makes
conforming
changes
in
Code
chapter
598
4
(dissolution
of
marriage
and
domestic
relations)
to
reflect
the
5
difference
in
applicable
grounds
contingent
upon
whether
or
not
6
a
minor
child
may
be
affected.
7
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