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 \n
Notes of Decisions
In Re the Marriage of Williams, 199 N.W.2d 339 (Iowa 1972).
· cites it 10× “" This language in section 598.17, The Code, 1971, is new: "Dissolution of marriageevidence.”
Locke v. Locke, 246 N.W.2d 246 (Iowa 1976).
· cites it 6× “It is not clear whether respondent is arguing support payments for Mary should be ordered pursuant to section 598.17, The Code, 1973, or whether Mary’s educational expenses should be considered in determining an appropriate property division and the need for alimony.”
In Re the Marriage of Carney, 206 N.W.2d 107 (Iowa 1973).
· cites it 6× “Section 598.17, The Code. The court-appointed conciliator, a psychiatrist agreed.”
Mears v. Mears, 213 N.W.2d 511 (Iowa 1973).
· cites it 4× “14, The Code, 1966, set out supra, or section 598.17, The Code, 1971, to make provisions for maintenance of minor children extends only to the natural or adoptive children of the parties and does not empower the court to order support for a stepchild.”
In Re the Marriage of Horstmann, 263 N.W.2d 885 (Iowa 1978).
· cites it 2× “Section 598.17, The Code. We hold a trial court in a dissolution case where proper evidence is presented may consider the future earning capacities of both parties and in determining those capacities it may consider the education, skill or talent of both parties.”
In Re Est. of Carlisle, 653 N.W.2d 368 (Iowa 2002).
· cites it 12× “For example, section 598.17 applies by its terms only to dissolution decrees.”
Waite v. Waite, 64 S.W.3d 217 (Tex. App. 2001).
· cites it 2× “" See Iowa Code Ann. § 598.17 (West 2000); Mich.”
Whitlock v. Iowa Dist. Court for Fayette Cnty., 497 N.W.2d 891 (Iowa 1993).
· cites it 4× “2d 107, 112-13 (Iowa 1973), we said: The object and purpose of sections 598.17 and 598.21, The Code, is to authorize the courts in dissolution of marriage proceedings to enforce, after termination of the marital relationship, the legal as well as moral duty of support between…”
In Re the Marriage of Foley, 501 N.W.2d 497 (Iowa 1993).
· cites it 2× “The statutes governing the result in Boyes provided that the court should allow “reasonable support or maintenance of any dependent children,” Iowa Code section 598.17 (1975), and that the court should make such order “as shall be justified.”
In Re the Marriage of Cooper, 225 N.W.2d 915 (Iowa 1975).
· cites it 4× “” Section 598.17, The Code, provides that when the court is satisfied from the evidence that there has been a breakdown of the marital relationship to the extent the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood the marriage can…”
In Re Marriage of Davis, 608 N.W.2d 766 (Iowa 2000).
· cites it 2× “Surviving spouse shall include a former spouse only if the division of assets in the dissolution of marriage decree pursuant to section 598.17 grants the former spouse rights of a spouse under this chapter .”
Annotations are extracted automatically from the opinions in the
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