LAWS OF THE 2001 REGULAR SESSION
OF THE SEVENTY-NINTH
GENERAL ASSEMBLY OF THE STATE OF IOWA

CHAPTER 112

DISSOLUTION OF MARRIAGE — FINANCIAL INFORMATION — COURT-APPROVED COURSES

H.F. 180   Bill History

AN ACT relating to dissolution of marriage including certain financial statement information filed by the parties and participation in a court-approved course prior to the granting of a final dissolution of marriage decree or the entering of a final custody order.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 598.13, Code 2001, is amended to read as follows:

598.13 FINANCIAL STATEMENTS FILED.

1. Both parties shall disclose their financial status. A showing of special circumstances shall not be required before the disclosure is ordered. A statement of net worth set forth by affidavit on a form prescribed by the supreme court and furnished without charge by the clerk of the district court shall be filed by each party prior to the dissolution hearing. However, the parties may waive this requirement upon application of both parties and approval by the court.

Failure to comply with the requirements of this section subsection constitutes failure to make discovery as provided in rule of civil procedure 134.

2. The court may, in its discretion, order a trustee to provide, on behalf of a trust, information including but not limited to, trust documents and financial statements relating to any beneficial interest a party to the pending action may have in the trust.

Sec. 2. Section 598.19A, subsections 1 and 3, Code 2001, are amended to read as follows:

1. The court shall order the parties to any action which involves the issues of child custody or visitation to participate in a court-approved course to educate and sensitize the parties to the needs of any child or party during and subsequent to the proceeding within forty-five days of the service of notice and petition for the action or within forty-five days of the service of notice and application for modification of an order. Participation in the course may be waived or delayed by the court for good cause including, but not limited to, a default by any of the parties or a showing that the parties have previously participated in a court-approved course or its equivalent. Participation in the course is not required if the proceeding involves termination of parental rights of any of the parties. A final decree shall not be granted or a final order shall not be entered until the parties have complied with this section, unless participation in the course is waived or delayed for good cause or is otherwise not required under this subsection.

3. Each party shall submit certification of completion of the course to the court prior to the granting of a final decree or the entry of an order, unless participation in the course is waived or delayed for good cause or is otherwise not required under subsection 1.

Sec. 3. Section 598.19A, Code 2001, is amended by adding the following new subsection:

NEW SUBSECTION. 3A. If participation in the court-approved course is waived or delayed for good cause or is otherwise not required under this section, the court may order that the parties receive the information described in subsection 4 through an alternative format.

Approved May 3, 2001



Updated: 28-Oct-2001 06:10 PM
rc/sw