Bill Text: IA HF16 | 2015-2016 | 86th General Assembly | Introduced

Iowa House Bill 16 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act relating to the granting of a dissolution of marriage when the respondent is convicted of a crime against the petitioner and is incarcerated at the time of the filing of the petition for dissolution of marriage.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-05 - Passed subcommittee. [HF16 Detail]

Download: Iowa-2015-HF16-Introduced.html

House File 16 - Introduced




                                 HOUSE FILE       
                                 BY  FISHER

                                      A BILL FOR

  1 An Act relating to the granting of a dissolution of marriage
  2    when the respondent is convicted of a crime against the
  3    petitioner and is incarcerated at the time of the filing of
  4    the petition for dissolution of marriage.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1432YH (2) 86
    pf/nh

PAG LIN



  1  1    Section 1.  Section 598.5, subsection 1, Code 2015, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  l.  State whether the respondent has been
  1  4 convicted of a crime against the petitioner and is incarcerated
  1  5 for such crime at the time of the filing of the petition.
  1  6    Sec. 2.  Section 598.8, subsection 2, unnumbered paragraph
  1  7 1, Code 2015, is amended to read as follows:
  1  8    The court may enter a decree of dissolution without a hearing
  1  9 under either any of the following circumstances:
  1 10    Sec. 3.  Section 598.8, subsection 2, Code 2015, is amended
  1 11 by adding the following new paragraph:
  1 12    NEW PARAGRAPH.  c.  The petition includes a statement as
  1 13 specified in section 598.5, subsection 1, paragraph "l", and all
  1 14 of the following circumstances have been met:
  1 15    (1)  The respondent has been properly served, but has failed
  1 16 to timely file an answer to the petition.
  1 17    (2)  The waiting period provisions under section 598.19 have
  1 18 been met or an exception granted.
  1 19    (3)  The petitioner has certified in writing that there has
  1 20 been a breakdown of the marriage relationship to the extent
  1 21 that the legitimate objects of matrimony have been destroyed
  1 22 and there remains no reasonable likelihood that the marriage
  1 23 can be preserved.
  1 24    (4)  All documents required by the court and by statute have
  1 25 been filed.
  1 26    A petitioner to whom this paragraph "c" applies shall not be
  1 27 subject to payment of respondent's attorney fees.
  1 28                           EXPLANATION
  1 29 The inclusion of this explanation does not constitute agreement with
  1 30 the explanation's substance by the members of the general assembly.
  1 31    This bill provides that if a petition for dissolution of
  1 32 marriage includes a statement that the respondent has been
  1 33 convicted of a crime against the petitioner and is incarcerated
  1 34 for such crime at the time of the filing of the petition,
  1 35 the court may grant the dissolution of marriage without a
  2  1 hearing if: (1) the respondent has been properly served, but
  2  2 has failed to timely file an answer to the petition; (2) the
  2  3 waiting period provisions for a dissolution have been met or an
  2  4 exception granted; (3) the petitioner has certified in writing
  2  5 that there has been a breakdown of the marriage relationship to
  2  6 the extent that the legitimate objects of matrimony have been
  2  7 destroyed and there remains no reasonable likelihood that the
  2  8 marriage can be preserved; and (4) all documents required by
  2  9 the court and by statute have been filed.  A petitioner under
  2 10 these circumstances is not subject to payment of respondent's
  2 11 attorney fees.
       LSB 1432YH (2) 86
       pf/nh