Bill would add options beyond no-fault divorce for Iowa couples

DES MOINES — Couples marrying in Iowa would have the option to waive no-fault divorce, which in the case of an eventual divorce would require them to prove cause, under legislation being considered by state lawmakers.

Under no-fault divorce, a legal framework in place in all 50 U.S. states, a couple can file for divorce when both parties simply agree in writing that the relationship has broken down.

Proposed legislation considered Monday at the Iowa Capitol would allow a couple, when marrying, to sign a voluntary waiver that would waive the option for a no-fault divorce. If the couple ever wished to divorce, they would be required to prove grounds for divorce under one of the following scenarios: that the spouse committed adultery, a felony and was jailed, or physical or sexual abuse of the spouse or their children; or that one person abandoned the home for more than a year or both parties lived separately for at least two years.

The proposal, Senate File 2172, was considered in a legislative hearing Monday at the Iowa Capitol.

Sen. Jesse Green, a Republican from Boone, proposed the legislation and said during Monday’s hearing that he wanted to start a conversation about Iowa’s marriage laws. He said the proposal provides options that are similar to those available in other states.

Green said Iowa is one of 17 states with only no-fault divorce and no other legal options. He said in other states with more options, roughly 2 percent of married couples choose to waive no-fault divorce at the beginning of a marriage.

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Green said he is open to other options, including allowing the waiver of no-fault divorce when a marriage is being ended.

“This bill is a bare bones bill for a reason: to have the conversation about, ‘Is there more that we should do in Iowa,’” Green said during the hearing. “Pretty much every option is on the table. I want to make sure that Iowans have those options.”

Of the 16 individuals or people representing groups who spoke during public testimony in Monday’s hearing, only one — Chuck Hurley, a lobbyist for the Christian conservative group The Family Leader — expressed support for the bill. Speaking in opposition were representatives of Iowa lawyers, multiple family law attorneys, the Iowa Association for Justice and the Iowa Coalition against Domestic Assault.

Those opposed to the bill expressed concern that it could lock people into abusive marriages. And family practice lawyers warned the proposal could add a significant burden to an already stressed judicial system in Iowa.

“Hands down, I believe that the majority of our judges in the state of Iowa would say that family law cases are the most difficult to decide. They take the most time and they have the biggest emotional impact,” said Stacey Warren, cofounder of CashattWarren Family Law in Des Moines.

“All this will do is increase the costs of litigation and impact our judiciary significantly,” Warren said. “If parties have to spend time arguing about whether or not there are grounds to get divorced, that is a problem. In this particular set of circumstances, justice will be delayed and it will be denied.”

Green said he wanted to advance the legislation and was open to some suggested changes. His fellow Republican on a three-member subcommittee panel, Sen. Scott Webster of Bettendorf, said he will support the bill only if significant changes are made.

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“I don’t have a problem with at-fault divorce. What I have a problem with is at-fault divorce when it traps somebody inside of a marriage,” Webster said.

The bill now is eligible for consideration by the full Iowa Senate Judiciary Committee.

Comments: (515) 355-1300, erin.murphy@thegazette.com

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