reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 597 - HUSBAND AND WIFE › Section 597.3 - Remedy by one against the other.

597.3 Remedy by one against the other.
Should the husband or wife obtain possession or control of property belonging to the other before or after marriage, the owner of the property may maintain an action therefor, or for any right growing out of the same, in the same manner and extent as if they were unmarried.
[C73, §2204; C97, §3155; C24, 27, 31, 35, 39, §10448; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §597.3]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 597 - HUSBAND AND WIFE › Section 597.4 - Conveyances to each other.

597.4 Conveyances to each other.
A conveyance, transfer, or lien, executed by either husband or wife to or in favor of the other, shall be valid to the same extent as between other persons.
[C73, §2206; C97, §3157; C24, 27, 31, 35, 39, §10449; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §597.4]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 597 - HUSBAND AND WIFE › Section 597.5 - Attorney in fact.

597.5 Attorney in fact.
A husband or wife may constitute the other spouse as the husband’s or wife’s attorney in fact, to control and dispose of the husband’s or wife’s property, including the relinquishment of homestead rights and surviving spouse’s statutory share in the homestead, as provided in section 561.13, for their mutual benefit, and may revoke the appointment, the same as other persons.
[C73, §2210; C97, §3161; C24, 27, 31, 35, 39, §10450; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §597.5]
91 Acts, ch 106, §2
Referred to in §561.13
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 597 - HUSBAND AND WIFE › Section 597.6 - Mental illness — conveyance of property.

597.6 Mental illness — conveyance of property.
Where either the husband or wife is mentally ill and incapable of executing a deed or mortgage relinquishing, conveying, or encumbering the husband’s or wife’s right to the real property of the other, including the homestead, the other may petition the district court of the county of that spouse’s residence or the county where the real estate to be conveyed or encumbered is situated, setting forth the facts and praying for an order authorizing the applicant or some other person to execute a deed or mortgage and relinquish or encumber the interest of the person with mental illness in said real estate.
[R60, §1500; C73, §2216; C97, §3167; S13, §3167; C24, 27, 31, 35, 39, §10451; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §597.6]
96 Acts, ch 1129, §113
Referred to in §229.27
See also probate code §633.642
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 597 - HUSBAND AND WIFE › Section 597.7 - Proceedings.

597.7 Proceedings.
The petition shall be verified by the petitioner, and filed in the office of the clerk of the district court of the proper county, notice of which shall be given as in other cases. Upon completed service, the court shall appoint some responsible attorney thereof guardian for the person alleged to be mentally ill, who shall ascertain the propriety, good faith, and necessity of the prayer of the petitioner, and may resist the application by making any legal or equitable defense thereto, and the guardian shall be allowed by the court a reasonable compensation to be paid as the other costs.
[R60, §1501; C73, §2217; C97, §3168; C24, 27, 31, 35, 39, §10452; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §597.7]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 597 - HUSBAND AND WIFE › Section 597.8 - Decree.

597.8 Decree.
Upon the hearing of the petition the court, if satisfied that it is made in good faith by the petitioner, and the petitioner is a proper person to exercise the power and make the conveyance or mortgage, and it is necessary and proper, shall enter a decree authorizing the execution of the conveyance or mortgage for and in the name of such husband or wife by such person as the court may appoint.
[R60, §1502; C73, §2218; C97, §3169; S13, §3169; C24, 27, 31, 35, 39, §10453; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §597.8]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 597 - HUSBAND AND WIFE › Section 597.9 - Conveyances — revocation.

597.9 Conveyances — revocation.
All deeds executed as provided in this chapter shall convey the interest of such person with mental illness in the real estate described, but such power shall cease and be revoked as soon as that person shall again be in good mental health and apply to the court therefor, but such revocation shall not affect conveyances previously made.
[R60, §1503; C73, §2219; C97, §3170; C24, 27, 31, 35, 39, §10454; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §597.9]
96 Acts, ch 1129, §113
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 597 - HUSBAND AND WIFE › Section 597.10 - Abandonment of either — proceedings.

597.10 Abandonment of either — proceedings.
In case the husband or wife abandons the other for one year, or leaves the state and is absent therefrom for such term, without providing for the maintenance and support of the family, or is confined in jail or the penitentiary for such period, the district court of the county where the abandoned party resides may, on application by petition setting forth the facts, authorize the applicant to manage, control, sell, and encumber the property of the guilty party for the support and maintenance of the family and for the purpose of paying debts. Notice of such proceedings shall be given as in ordinary actions, and anything done under or by virtue of the order or decree of the court shall be valid to the same extent as if the same was done by the party owning the property.
[C51, §1456 – 1459, 1461; R60, §2508 – 2511, 2513; C73, §2207; C97, §3158; C24, 27, 31, 35, 39, §10455; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §597.10]
Referred to in §597.11, 597.13, 600.4
Service of notice,
R.C.P. 1.302 – 1.315
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 597 - HUSBAND AND WIFE › Section 597.11 - Contracts and sales binding.

597.11 Contracts and sales binding.
All contracts, sales, or encumbrances made by either husband or wife under the provisions of section 597.10 shall be binding on both, and during such absence or confinement the person acting under such power may sue and be sued thereon, and for all acts done the property of both shall be liable, and execution may be levied or attachment issued accordingly.
[C73, §2208; C97, §3159; C24, 27, 31, 35, 39, §10456; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §597.11]
Referred to in §597.13
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 597 - HUSBAND AND WIFE › Section 597.12 - Nonabatement of action.

597.12 Nonabatement of action.
No action or proceedings shall abate or be affected by the return or release of the person absent or confined, but the person may be permitted to prosecute or defend jointly with the other.
[C73, §2208; C97, §3159; C24, 27, 31, 35, 39, §10457; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §597.12]
Referred to in §597.13
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 597 - HUSBAND AND WIFE › Section 597.13 - Annulment of decree.

597.13 Annulment of decree.
The husband or wife affected by the proceedings contemplated in sections 597.10 through 597.12 may obtain an annulment thereof, upon filing a petition and serving a notice on the person in whose favor the decree or order was granted, as in ordinary actions; but the setting aside of such decree or order shall not affect any act done thereunder.
[C51, 1460; R60, §2512; C73, §2209; C97, §3160; C24, 27, 31, 35, 39, §10458; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §597.13]
2020 Acts, ch 1063, §320
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 597 - HUSBAND AND WIFE › Section 597.14 - Family expenses.

597.14 Family expenses.
The reasonable and necessary expenses of the family and the education of the children are chargeable upon the property of both husband and wife, or either of them, and in relation thereto they may be sued jointly or separately.
[C51, §1455; R60, §2507; C73, §2214; C97, §3165; S13, §3165; C24, 27, 31, 35, 39, §10459; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §597.14]
Referred to in §537.7103
Spousal support debt for medical assistance to institutionalized spouse; chapter 249B
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 597 - HUSBAND AND WIFE › Section 597.15 - Custody of children.

597.15 Custody of children.
If one spouse abandons the other spouse, the abandoned spouse is entitled to the custody of the minor children, unless the district court, upon application for that purpose, otherwise directs, or unless a custody decree is entered in accordance with chapter 598B. In this section “abandon” does not include:
1. The departure of a spouse due to physical or emotional abuse.
2. The departure of a spouse accompanied by the minor children.
[C51, §1462; R60, §2514; C73, §2215; C97, §3166; C24, 27, 31, 35, 39, §10460; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §597.15]
85 Acts, ch 18, §1; 99 Acts, ch 103, §43
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 597 - HUSBAND AND WIFE › Section 597.16 - Wages of married person — actions by.

597.16 Wages of married person — actions by.
A married person may receive the wages for the person’s personal labor, and maintain an action therefor in the person’s own name, and hold the same in the person’s own right, and may prosecute and defend all actions for the preservation and protection of the person’s rights and property, as if unmarried.
[C73, §2211; C97, §3162; C24, 27, 31, 35, 39, §10461; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §597.16]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 597 - HUSBAND AND WIFE › Section 597.17 - Liability for separate debts.

597.17 Liability for separate debts.
Neither husband nor wife is liable for the debts or liabilities of the other incurred before marriage, and, except as otherwise declared in this chapter, they are not liable for the debts of each other contracted after marriage; nor are the wages, earnings, or property of either, nor is the rent or income of the property of either, liable for the separate debts of the other.
[C51, §1453; R60, §2505; C73, §2212; C97, §3163; C24, 27, 31, 35, 39, §10465; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §597.17]
2020 Acts, ch 1063, §321
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 597 - HUSBAND AND WIFE › Section 597.18 - Contracts of married person.

597.18 Contracts of married person.
Contracts may be made by a married person and liabilities incurred, and the same enforced by or against the person, to the same extent and in the same manner as if the person were unmarried.
[C51, §1454; R60, §2506; C73, §2213; C97, §3164; C24, 27, 31, 35, 39, §10466; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §597.18]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 597 - HUSBAND AND WIFE › Section 597.19 - Spouse not liable for torts of other spouse.

597.19 Spouse not liable for torts of other spouse.
For civil injuries committed by a married person, damages may be recovered from the person alone, and the partner shall not be liable therefor, except in cases where the partner would be jointly liable if the marriage did not exist.
[C73, §2205; C97, §3156; C24, 27, 31, 35, 39, §10467; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §597.19]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS › Section 598.2 - Jurisdiction and venue.

598.2 Jurisdiction and venue.
The district court has original jurisdiction of the subject matter of this chapter. Venue shall be in the county where either party resides.
[C51, §1480; R60, §2532; C73, §2220; C97, §3171; C24, 27, 31, 35, 39, §10468; C46, 50, 54, 58, 62, 66, §598.1; C71, 73, 75, 77, 79, 81, §598.2]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS › Section 598.2A - Choice of law.

598.2A Choice of law.
In a proceeding to establish, modify, or enforce a child support order the forum state’s law shall apply except as provided in section 252K.604.
96 Acts, ch 1141, §26; 2015 Acts, ch 110, §111
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS › Section 598.3 - Kind of action — joinder.

598.3 Kind of action — joinder.
An action for dissolution of marriage shall be by equitable proceedings, and no cause of action, save for alimony, shall be joined therewith. Such actions shall not be subject to counterclaim or cross petition by the respondent. After the appearance of the respondent, no dismissal of the cause of action shall be allowed unless both the petitioner and the respondent sign the dismissal.
[R60, §4184; C73, §2511; C97, §3430; C24, 27, 31, 35, 39, §10469; C46, 50, 54, 58, 62, 66, §598.2; C71, 73, 75, 77, 79, 81, §598.3]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS › Section 598.4 - Caption of petition for dissolution.

598.4 Caption of petition for dissolution.
The petition for dissolution of marriage shall be captioned substantially as follows:
In the District Court of the State of Iowa
In and For ........................ County
In Re the Marriage of
........................ and ........................
Upon the Petition of Petition for
................................ Dissolution
(Petitioner) of Marriage
and Concerning Equity No. ............
................................
(Respondent)
[C71, 73, 75, 77, 79, 81, §598.4]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS › Section 598.5 - Contents of petition — verification — evidence.

598.5 Contents of petition — verification — evidence.
1. The petition for dissolution of marriage shall:
a. State the name, birth date, address and county of residence of the petitioner and the name and address of the petitioner’s attorney.
b. State the place and date of marriage of the parties.
c. State the name, birth date, address and county of residence, if known, of the respondent.
d. State the name and age of each minor child by date of birth whose welfare may be affected by the controversy.
e. State whether or not a separate action for dissolution of marriage or child support has been commenced and whether such action is pending in any court in this state or elsewhere. State whether the entry of an order would violate 28 U.S.C. §1738B. If there is an existing child support order, the party shall disclose identifying information regarding the order.
f. Allege that the petition has been filed in good faith and for the purposes set forth therein.
g. Allege that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
h. Set forth any application for temporary support of the petitioner and any children without enumerating the amounts thereof.
i. Set forth any application for permanent alimony or support, child custody, or disposition of property, as well as attorney fees and suit money, without enumerating the amounts thereof.
j. State whether the appointment of a conciliator pursuant to section 598.16 may preserve the marriage.
k. Except where the respondent is a resident of this state and is served by personal service, state that the petitioner has been for the last year a resident of the state, specifying the county in which the petitioner has resided and the length of such residence in the state after deducting all absences from the state, and that the maintenance of the residence has been in good faith and not for the purpose of obtaining a dissolution of marriage only.
2. The petition shall be verified by the petitioner.
3. The allegations of the petition shall be established by competent evidence.
[C71, 73, 75, 77, 79, 81, §598.5]
85 Acts, ch 178, §4; 97 Acts, ch 175, §186; 2005 Acts, ch 69, §30
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS › Section 598.8 - Hearings — exceptions.

598.8 Hearings — exceptions.
1. Except as otherwise provided in subsection 2, hearings for dissolution of marriage shall be held in open court upon the oral testimony of witnesses, or upon the depositions of such witnesses taken as in other equitable actions or taken by a commissioner appointed by the court. The court may in its discretion close the hearing. Hearings held for the purpose of determining child custody may be limited in attendance by the court. Upon request of either party, the court shall provide security in the courtroom during the custody hearing if a history of domestic abuse relating to either party exists.
2. The court may enter a decree of dissolution without a hearing under either of the following circumstances:
a. All of the following circumstances have been met:
(1) The parties have certified in writing that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
(2) All documents required by the court and by statute have been filed.
(3) The parties have entered into a written agreement settling all of the issues involved in the dissolution of marriage.
b. The respondent has not entered a general or special appearance or filed a motion or pleading in the case, the waiting period provided under section 598.19 has expired, and all of the following circumstances have been met:
(1) The petitioner has certified in writing that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
(2) All documents required by the court and by statute have been filed.
[C73, §2222; C97, §3173; C24, 27, 31, 35, 39, §10472; C46, 50, 54, 58, 62, 66, §598.5; C71, 73, 75, 77, 79, 81, §598.8]
95 Acts, ch 165, §1; 95 Acts, ch 182, §21; 2000 Acts, ch 1034, §1, 2
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS › Section 598.9 - Residence — failure of proof.

598.9 Residence — failure of proof.
If the averments as to residence are not fully proved, the hearing shall proceed no further, and the action be dismissed by the court.
[C73, §2222; C97, §3173; C24, 27, 31, 35, 39, §10473; C46, 50, 54, 58, 62, 66, §598.6; C71, 73, 75, 77, 79, 81, §598.9]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS › Section 598.10 - Temporary orders.

598.10 Temporary orders.
1. a. The court may order either party to pay the clerk a sum of money for the separate support and maintenance of the other party and the children and to enable such party to prosecute or defend the action. The court may on its own motion and shall upon application of either party or a guardian ad litem appointed under section 598.12 or an attorney appointed under section 598.12A determine the temporary custody of any minor child whose welfare may be affected by the filing of the petition for dissolution.
b. In order to encourage compliance with a visitation order, a temporary order for custody shall provide for a minimum visitation schedule with the noncustodial parent, unless the court determines that such visitation is not in the best interest of the child.
2. The court may make such an order when a claim for temporary support is made by the petitioner in the petition, or upon application of either party, after service of the original notice and when no application is made in the petition; however, no such order shall be entered until at least five days’ notice of hearing, and opportunity to be heard, is given the other party. Appearance by an attorney or the respondent for such hearing shall be deemed a special appearance for the purpose of such hearing only and not a general appearance. An order entered pursuant to this section shall contain the names, birth dates, addresses, and counties of residence of the petitioner and respondent.
2005 Acts, ch 69, §32; 2017 Acts, ch 43, §1
Referred to in §598.11, 598.22
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS › Section 598.11 - How temporary order made — changes — retroactive modification.

598.11 How temporary order made — changes — retroactive modification.
1. In making temporary orders, the court shall take into consideration the age of the applicant, the physical and pecuniary condition of the parties, and other matters as are pertinent, which may be shown by affidavits, as the court may direct. The hearing on the application shall be limited to matters set forth in the application, the affidavits of the parties, and the required statements of income. The court shall not hear any other matter relating to the petition, respondent’s answer, or any pleadings connected with the petition or answer.
2. Subject to 28 U.S.C. §1738B, after notice and hearing, subsequent changes in temporary orders may be made by the court on application of either party demonstrating a substantial change in the circumstances occurring subsequent to the issuance of such order. If the order is not so modified, it shall continue in force and effect until the action is dismissed or a decree is entered dissolving the marriage.
3. An order for temporary support may be retroactively modified only from three months after notice of hearing for temporary support pursuant to section 598.10 or from three months after notice of hearing for modification of a temporary order for support pursuant to this section. The three-month limitation applies to modification actions pending on or after July 1, 1997.
[C73, §2226; C97, §3177; C24, 27, 31, 35, 39, §10478; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §598.11]
85 Acts, ch 178, §5; 2005 Acts, ch 69, §33
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS › Section 598.12B - Child custody investigators and child and family reporters.

598.12B Child custody investigators and child and family reporters.
1. The supreme court shall prescribe and maintain standards for child custody investigators and child and family reporters.
2. The court may require a child custody investigator or a child and family reporter to obtain information regarding both parties’ home conditions, parenting capabilities, and other matters pertinent to the best interests of the child or children in a dispute concerning custody of the child or children. A report of the information obtained shall be submitted to the court and available to both parties. The report shall be a part of the record unless otherwise ordered by the court.
3. The court shall enter an order in favor of the child custody investigator or child and family reporter for fees and disbursements, and the amount shall be charged against the party responsible for court costs unless the court determines that the party responsible for court costs is indigent, in which event the amount shall be borne by the county.
2017 Acts, ch 43, §4
Referred to in §600B.40
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS › Section 598.13 - Financial statements filed.

598.13 Financial statements filed.
1. a. 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.
b. Failure to comply with the requirements of this subsection constitutes failure to make discovery as provided in
rule of civil procedure 1.517
.
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.
[C71, 73, 75, 77, 79, 81, §598.13]
87 Acts, ch 89, §1; 2001 Acts, ch 112, §1; 2013 Acts, ch 30, §261
Referred to in §598.26
The form of affidavit prescribed by the supreme court is published in the compilation “Iowa Court Rules”,
R.C.P. 1.1901
– Form 7
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS › Section 598.14 - Attachment.

598.14 Attachment.
The petition may be presented to the court for the allowance of an order of attachment, which, by endorsement thereon, may direct such attachment and fix the amount for which it may issue, and the amount of the bond, if any, that shall be given. Any property taken by virtue thereof shall be held to satisfy the judgment or decree of the court, but may be discharged or released as in other cases.
[C73, §2228; C97, §3179; C24, 27, 31, 35, 39, §10480; C46, 50, 54, 58, 62, 66, §598.13; C71, 73, 75, 77, 79, 81, §598.14]
85 Acts, ch 99, §9; 85 Acts, ch 195, §52; 96 Acts, ch 1141, §27; 2005 Acts, ch 69, §35
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS › Section 598.15 - Mandatory course — parties to certain proceedings.

598.15 Mandatory course — parties to certain proceedings.
1. The parties to any action which involves the issues of child custody or visitation shall 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.
2. Each party shall be responsible for arranging for participation in the course and for payment of the costs of participation in the course.
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.
4. 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 5 through an alternative format.
5. Each judicial district shall certify approved courses for parties required to participate in a course under this section. Approved courses may include those provided by a public or private entity. At a minimum and as appropriate, an approved course shall include information relating to the parents regarding divorce and its impact on the children and family relationship, parenting skills for divorcing parents, children’s needs and coping techniques, and the financial responsibilities of parents following divorce.
6. In addition to the provisions of this section relating to the required participation in a court-approved course by the parties to an action as described in subsection 1, the court may require age-appropriate counseling for children who are involved in a dissolution of marriage action. The counseling may be provided by a public or private entity approved by the court. The costs of the counseling shall be taxed as court costs.
7. The supreme court may prescribe rules to implement this section.
[C73, §2227; C97, §3178; C24, 27, 31, 35, 39, §10479; C46, 50, 54, 58, 62, 66, §598.12; C71, 73, 75, 77, 79, 81, §598.15]
2005 Acts, ch 69, §36; 2010 Acts, ch 1159, §7
Referred to in §600B.40
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS › Section 598.16 - Conciliation — domestic relations divisions.

598.16 Conciliation — domestic relations divisions.
1. A majority of the judges in any judicial district, with the cooperation of any county board of supervisors in the district, may establish a domestic relations division of the district court of the county where the board is located. The division shall offer counseling and related services to persons before the court.
2. The court may on its own motion or upon the motion of a party require the parties to participate in conciliation efforts for a period of sixty days or less following the issuance of an order setting forth the conciliation procedure and the conciliator. In making a determination under this section, the court shall consider all relevant factors including but not limited to whether a history of abuse or violence exists.
3. Every order for conciliation shall require the conciliator to file a written report by a date certain which shall state the conciliation procedures undertaken and such other matters as may have been required by the court. The report shall be a part of the record unless otherwise ordered by the court. Such conciliation procedure may include but is not limited to referrals to the domestic relations division of the court, if established, public or private marriage counselors, family service agencies, community health centers, physicians and clergy.
4. The costs of conciliation procedures shall be paid in full or in part by the parties and taxed as court costs; however, if the court determines that the parties will be unable to pay the costs without prejudicing their financial ability to provide themselves and any minor children with economic necessities, the costs may be paid in full or in part by the county.
5. Persons providing counseling and other services pursuant to this section are not court employees, but are subject to court supervision.
[C71, 73, 75, 77, 79, 81, §598.16]
83 Acts, ch 123, §194, 209; 83 Acts, ch 186, §10110, 10201; 93 Acts, ch 54, §11; 2007 Acts, ch 180, §1; 2014 Acts, ch 1107, §18; 2017 Acts, ch 43, §5; 2019 Acts, ch 63, §1
Referred to in §331.424, 598.5, 602.11101
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS › Section 598.17 - Dissolution of marriage — evidence.

598.17 Dissolution of marriage — evidence.
1. A decree dissolving the marriage may be entered when the court is satisfied from the evidence presented that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. The decree shall state that the dissolution is granted to the parties, and shall not state that it is granted to only one party.
2. If at the time of trial petitioner fails to present satisfactory evidence that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved, the respondent may then proceed to present such evidence as though the respondent had filed the original petition.
3. A dissolution of marriage granted when one of the spouses has mental illness shall not relieve the other spouse of any obligation imposed by law as a result of the marriage for the support of the spouse with mental illness. The court may make an order for the support or may waive the support obligation when satisfied from the evidence that it would create an undue hardship on the obliged spouse or that spouse’s other dependents.
[C71, 73, 75, 77, 79, 81, §598.17]
89 Acts, ch 296, §77; 96 Acts, ch 1129, §101; 2016 Acts, ch 1011, §121
Referred to in §97A.1, 410.10, 411.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS › Section 598.18 - Recrimination not a bar to dissolution of marriage.

598.18 Recrimination not a bar to dissolution of marriage.
If, upon the trial of an action for dissolution of marriage, both of the parties are found to have committed an act or acts which would support or justify a decree of dissolution of marriage, such dissolution may be decreed, and the acts of one party shall not negate the acts of the other, nor serve to bar the dissolution decree in any way.
[C71, 73, 75, 77, 79, 81, §598.18]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS › Section 598.19 - Waiting period before decree.

598.19 Waiting period before decree.
No decree dissolving a marriage shall be granted in any proceeding before ninety days shall have elapsed from the day the original notice is served, or from the last day of publication of notice, or from the date that waiver or acceptance of original notice is filed or until after any court-ordered conciliation is completed, whichever period shall be longer. However, the court may in its discretion, on written motion supported by affidavit setting forth grounds of emergency or necessity and facts which satisfy the court that immediate action is warranted or required to protect the substantive rights or interests of any party or person who might be affected by the decree, hold a hearing and grant a decree dissolving the marriage prior to the expiration of the applicable period, provided that requirements of notice have been complied with. In such case the grounds of emergency or necessity and the facts with respect thereto shall be recited in the decree unless otherwise ordered by the court. The court may enter an order finding the respondent in default and waiving any court-ordered conciliation when the respondent has failed to file an appearance within the time set forth in the original notice.
[C58, 62, 66, §598.25; C71, 73, 75, §598.16, 598.19; C77, 79, 81, §598.19]
2019 Acts, ch 63, §2
Referred to in §598.8
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS › Section 598.20 - Forfeiture of marital rights.

598.20 Forfeiture of marital rights.
When a dissolution of marriage is decreed the parties shall forfeit all rights acquired by marriage which are not specifically preserved in the decree. This provision shall not obviate any of the provisions of section 598.21, 598.21A, 598.21B, 598.21C, 598.21D, 598.21E, or 598.21F.
[C51, §1486; C73, §2230; C97, §3181; C24, 27, 31, 35, 39, §10483; C46, 50, 54, 58, 62, 66, §598.16; C71, 73, 75, 77, 79, 81, §598.20]
2005 Acts, ch 69, §37
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS › Section 598.20A - Beneficiary revocation — life insurance.

598.20A Beneficiary revocation — life insurance.
1. Except as preempted by federal law, if a decree of dissolution, annulment, or separate maintenance is issued after the policy owner of an insurance contract insuring the policy owner’s own life has designated the policy owner’s spouse or one or more relatives of the policy owner’s spouse as a beneficiary under a life insurance policy in effect on the date of the decree, a provision in the life insurance policy making such a designation is voided by the issuance of the decree unless any of the following apply:
a. The decree designates the policy owner’s former spouse or one or more relatives of the policy owner’s spouse as beneficiary.
b. After issuance of the decree, the policy owner executes a designation of beneficiary form provided by the insurance company naming the policy owner’s former spouse or one or more relatives of the policy owner’s former spouse as beneficiary.
c. The policy owner and the policy owner’s former spouse remarry.
2. If a beneficiary designation is not effective pursuant to subsection 1, the benefits or proceeds of the life insurance policy are payable to an alternate beneficiary, or if there is no alternate beneficiary, to the estate of the policy owner.
3. An insurer who pays benefits or proceeds of a life insurance policy to a beneficiary under a designation that is void pursuant to subsection 1 is not liable for payment to an alternative beneficiary as provided under subsection 2 unless both of the following apply:
a. At least ten days prior to payment of the benefits or proceeds of the life insurance policy to the designated beneficiary, the insurer receives written notice at the home office of the insurer that the designation of the beneficiary is not effective pursuant to subsection 1.
b. The insurer has failed to interplead the benefits or proceeds of the life insurance policy in a court of competent jurisdiction in accordance with the rules of civil procedure.
4. This section does not limit the right of a beneficiary to seek recovery from any person or entity that erroneously receives or collects the benefits or proceeds from a life insurance policy.
5. This section does not affect the right of a policy owner’s former spouse to assert an ownership interest in a life insurance policy insuring the life of the policy owner that is not disclosed to the policy owner’s spouse prior to the decree of dissolution, annulment, or separate maintenance and that is not addressed by the decree.
6. For purposes of this section, “relative of the policy owner’s spouse” means a person who is related to the policy owner’s former spouse by blood, adoption, or affinity, and who, subsequent to a decree of dissolution, annulment, or separate maintenance, ceases to be related to the policy owner by blood, adoption, or affinity.
2007 Acts, ch 134, §4, 28; 2013 Acts, ch 124, §30
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS › Section 598.21A - Orders for spousal support.

598.21A Orders for spousal support.
1. Criteria for determining support. Upon every judgment of annulment, dissolution, or separate maintenance, the court may grant an order requiring support payments to either party for a limited or indefinite length of time after considering all of the following:
a. The length of the marriage.
b. The age and physical and emotional health of the parties.
c. The distribution of property made pursuant to section 598.21.
d. The educational level of each party at the time of marriage and at the time the action is commenced.
e. The earning capacity of the party seeking maintenance, including educational background, training, employment skills, work experience, length of absence from the job market, responsibilities for children under either an award of custody or physical care, and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment.
f. The feasibility of the party seeking maintenance becoming self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, and the length of time necessary to achieve this goal.
g. The tax consequences to each party.
h. Any mutual agreement made by the parties concerning financial or service contributions by one party with the expectation of future reciprocation or compensation by the other party.
i. The provisions of an antenuptial agreement.
j. Other factors the court may determine to be relevant in an individual case.
2. Necessary content of order. Orders made pursuant to this section need mention only those factors relevant to the particular case for which the orders are made but shall contain the names, birth dates, addresses, and counties of residence of the petitioner and respondent.
96 Acts, ch 1106, §18; 2005 Acts, ch 69, §39
Referred to in §252A.3, 252A.6, 598.20, 598.21, 598.22
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS › Section 598.21D - Relocation of parent as grounds to modify order of child custody.

598.21D Relocation of parent as grounds to modify order of child custody.
If a parent awarded joint legal custody and physical care or sole legal custody is relocating the residence of the minor child to a location which is one hundred fifty miles or more from the residence of the minor child at the time that custody was awarded, the court may consider the relocation a substantial change in circumstances. If the court determines that the relocation is a substantial change in circumstances, the court shall modify the custody order to, at a minimum, preserve, as nearly as possible, the existing relationship between the minor child and the nonrelocating parent. If modified, the order may include a provision for extended visitation during summer vacations and school breaks and scheduled telephone contact between the nonrelocating parent and the minor child. The modification may include a provision assigning the responsibility for transportation of the minor child for visitation purposes to either or both parents. If the court makes a finding of past interference by the parent awarded joint legal custody and physical care or sole legal custody with the minor child’s access to the other parent, the court may order the posting of a cash bond to assure future compliance with the visitation provisions of the decree. The supreme court shall prescribe guidelines for the forfeiting of the bond and restoration of the bond following forfeiting of the bond.
2005 Acts, ch 69, §42
Referred to in §598.20
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS › Section 598.21G - Minor parent — parenting classes.

598.21G Minor parent — parenting classes.
In any order or judgment entered under this chapter or chapter 234, 252A, 252C, 252F, or 600B, or under any other chapter which provides for temporary or permanent support payments, if the parent ordered to pay support is less than eighteen years of age, one of the following shall apply:
1. If the child support recovery unit is providing services pursuant to chapter 252B, the court, or the administrator as defined in section 252C.1, shall order the parent ordered to pay support to attend parenting classes which are approved by the department of human services.
2. If the child support recovery unit is not providing services pursuant to chapter 252B, the court may order the parent ordered to pay support to attend parenting classes which are approved by the court.
2005 Acts, ch 69, §45; 2006 Acts, ch 1010, §152
Referred to in §598.21B
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS › Section 598.22A - Satisfaction of support payments.

598.22A Satisfaction of support payments.
Notwithstanding sections 252B.14 and 598.22, support payments ordered pursuant to any support chapter for orders entered on or after July 1, 1985, which are not made pursuant to the provisions of section 252B.14 or 598.22, shall be credited only as provided in this section.
1. a. For payment made pursuant to an order, the clerk of the district court or collection services center shall record a satisfaction as a credit on the official support payment record if its validity is confirmed by the court upon submission of an affidavit by the person entitled to receive the payment or upon submission of documentation of the financial instrument used in the payment of the support by the person ordered to pay support, after notice is given to all parties.
b. If a satisfaction recorded on the official support payment record by the clerk of the district court or collection services center prior to July 1, 1991, was not confirmed as valid by the court, and a party to the action submits a written affidavit objecting to the satisfaction, notice of the objection shall be mailed to all parties at their last known addresses. After all parties have had sufficient opportunity to respond to the objection, the court shall either require the satisfaction to be removed from the official support payment record or confirm its validity.
2. For purposes of this section, the state is a party to which notice shall be given when public funds have been expended pursuant to chapter 234, 239B, or 249A, or similar statutes in another state. If proper notice is not given to the state when required, any order of satisfaction is void.
3. The court shall not enter an order for satisfaction of payments not made through the clerk of the district court or collection services center if those payments have been assigned as a result of public funds expended pursuant to chapter 234, 239B, or 249A, or similar statutes in other states and the support payments accrued during the months in which public funds were expended. If the support order did not direct payments to a clerk of the district court or the collection services center, and the support payments in question accrued during the months in which public funds were not expended, however, the court may enter an order for satisfaction of payments not made through the clerk of the district court or the collection services center if documentation of the financial instrument used in the payment of support is presented to the court and the parties to the order submit a written affidavit confirming that the financial instrument was used as payment for support.
4. Payment of accrued support debt due the department of human services shall be credited pursuant to section 252B.3, subsection 5.
90 Acts, ch 1224, §48; 91 Acts, ch 177, §7; 93 Acts, ch 79, §51; 97 Acts, ch 41, §32; 98 Acts, ch 1170, §42; 2005 Acts, ch 112, §18; 2013 Acts, ch 30, §261
Referred to in §252B.3, 252B.14, 598.22