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
\n
Notes of Decisions
Bearbower v. Merry, 266 N.W.2d 128 (Iowa 1978).
· cites it 2× “16, The Code, and a 90-day waiting period, § 598.19, The Code, might well perceive the desirability of any deterrent to unjustified third-party meddling during those periods in order to permit the parties to work out their differences.”
Jensen v. Jensen, 147 N.W.2d 612 (Iowa 1967).
· cites it 4× “Section 598.19, Code of Iowa, provides that a marriage may be annulled "[w]here either party was mentally ill * * * at the time of the marriage.”
In re the Marriage of Hobart, 375 N.W.2d 290 (Iowa Ct. App. 1985).
· cites it 8× “We determine that the trial court did not abuse its discretion when that court found the respondent to be in default and waived conciliation pursuant to section 598.19. The default was taken 40 days after service of the petition on respondent.”
Rogers v. Webb, 558 N.W.2d 155 (Iowa 1997).
“§ 598.19 (providing a waiting period prior to the granting of a dissolution decree); Iowa Code of Prof 1 Responsibility for Lawyers DR 2-106(C) (1993) (prohibiting a contingent fee arrangement in domestic relations cases); id.”
DeWall v. Rhoderick, 138 N.W.2d 124 (Iowa 1965).
· cites it 2× “” *436 Section 598.19, Code, 1962, provides: “Marriage may be annulled for the following causes: * * * 3.”
Pickard v. Pickard, 45 N.W.2d 269 (Iowa 1950).
· cites it 2× “Section 598.19, Code of 1946, among other things, refers to the annulment of marriage where either party had a husband or wife living at the time of the marriage.”
Koehler v. Koehler, 79 N.W.2d 791 (Iowa 1956).
· cites it 2× “Section 598.19, Codes, 1950, 1954.) Defendants insist the attorney was seen without their knowledge and they cautioned Stanley to go slow in starting any annulment action.”
In re the Marriage of Shirbroun (Iowa Ct. App. 2019).
· cites it 2× “See Iowa Code § 598.19 (2018). Joshua never filed an answer after accepting service, see Iowa R.”
In re Marriage of Foster (Iowa Ct. App. 2021).
· cites it 2× “Prior to a decree of dissolution being granted, Iowa Code section 598.19 provides: 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,…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.