New Iowa Bill Allows Couples To Opt Out Of No-Fault Divorce

The legislative session is underway and new bills have been brought to the front.

Different bills are being reviewed by the Iowa legislature right now, which includes one for Iowa to absorb some Illinois counties. Now, add to the list: a bill that lets couples opt-out of no-fault divorce.

Senate File 2172, introduced by Sen. Jesse Green (R, Harcourt), would allow couples who are applying for a marriage license to also file a waiver with the county registrar, waiving their right to a no-fault divorce, specifically to "jointly waive dissolution of marriage based solely on the breakdown of the marriage relationship".

If a couple wanted a divorce but they had this waiver in place, they would have to show proof that the spouse committed adultery, imprisonment for a felony, abandonment from the marital house for at least a year, physical or sexual abuse of the petitioner or a child, or separation of 2 years or more.

Most of the speakers at the subcommittee opposed the bill, according to the Iowa Capital Dispatch, and Sen. Scott Webster (R, Bettendorf) said he'd be willing to consider a bill if it were “completely rewritten” to allow the waiver just for child custody matters and division of assets. He also said he'd support a way to prevent an abusive spouse from getting 50% of the couple's assets and joint custody of the kids.

The bill moved forward from the subcommittee, on the recommendation of amendment. Most legislation will have to get the green light by February 20th.