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 \n
Notes of Decisions
In Re the Marriage of Williams, 199 N.W.2d 339 (Iowa 1972).
· cites it 8× “The revised statute makes the breakdown of the marriage the sole basis for termination of the marital relationship and eliminates the specific categories of fault grounds enumerated in section 598.8, The Code, 1966, as a standard for granting dissolution.”
Schantz v. Schantz, 163 N.W.2d 398 (Iowa 1968).
· cites it 3× “On this subject Code sections 598.8(2) and 598.9 provide, in effect, a divorce may be decreed when one spouse willfully deserts the other or absents himself or herself, as the case may be, without reasonable cause, for the space of two years.”
Lawler v. Lawler, 175 N.W.2d 103 (Iowa 1970).
· cites it 12× “Code section 598.8, subsection 4, formerly provided that a ground for divorce existed when, after marriage, a defendant became addicted to habitual drunkenness.”
Arnold v. Arnold, 133 N.W.2d 53 (Iowa 1965).
· cites it 4× “Plaintiff’s petition alleges as cause for divorce what section 598.8, Code, 1962, designates “such inhuman treatment as to endanger the life of his wife.”
Fritz v. Fritz, 148 N.W.2d 392 (Iowa 1967).
· cites it 6× “Section 598.8, Code 1966, provides: “Divorces from the bonds of matrimony may be decreed against the husband for the following causes: 1.”
Kayser v. Kayser, 164 N.W.2d 95 (Iowa 1969).
· cites it 8× “*101 Section 598.8, Code 1966, provides: “Divorces from the bonds of matrimony may be decreed against the husband for the following causes: 1.”
In Re Marriage of Boyd, 200 N.W.2d 845 (Iowa 1972).
· cites it 4× “The revised statute makes the breakdown of the marriage the sole basis for termination of the marital relationship and eliminates the specific categories of fault grounds enumerated in section 598.8, The Code, 1966, as a standard for granting dissolution.”
Baker v. Baker, 110 N.W.2d 236 (Iowa 1961).
· cites it 6× “Section 598.8(4) and (5), Code, 1958. However, it is *1163 well known that in this state each case involving the allegation of cruel and inhuman treatment such as to endanger the life of the spouse (section 598.”
Beno v. Beno, 149 N.W.2d 778 (Iowa 1967).
· cites it 4× “Proof of physical violence is not always necessary. Any mistreatment which deprives a spouse of needed rest, peace of mind, and affects the nervous system so that health is undermined, may endanger life as effectively as physical violence.”
Milks v. Milks, 28 N.W.2d 472 (Iowa 1947).
· cites it 6× “Section 598.8 provides: “Divorces * * * may be decreed against the husband .”
Lovett v. Lovett, 164 N.W.2d 793 (Iowa 1969).
· cites it 4× “"To entitle a party to a divorce under Code section 598.8(5), it is necessary two elements be proven, (1) inhuman treatment and (2) danger to life therefrom.”
Lehmkuhl v. Lehmkuhl, 145 N.W.2d 456 (Iowa 1966).
· cites it 4× “At any rate we must conclude plaintiff failed to show herself entitled to separate maintenance or divorce on the grounds of desertion under Code section 598.8(2). VII. We next consider the adequacy of the trial court award to appellant and to her attorney.”
— Iowa Code § 598.8(1) — 2 cases
Fritz v. Fritz, 148 N.W.2d 392 (Iowa 1967).
“Section 598.8, Code 1966, provides: “Divorces from the bonds of matrimony may be decreed against the husband for the following causes: 1.”
— Iowa Code § 598.8(2) — 5 cases
Schantz v. Schantz, 163 N.W.2d 398 (Iowa 1968).
“On this subject Code sections 598.8(2) and 598.9 provide, in effect, a divorce may be decreed when one spouse willfully deserts the other or absents himself or herself, as the case may be, without reasonable cause, for the space of two years.”
Lehmkuhl v. Lehmkuhl, 145 N.W.2d 456 (Iowa 1966).
“At any rate we must conclude plaintiff failed to show herself entitled to separate maintenance or divorce on the grounds of desertion under Code section 598.8(2). VII. We next consider the adequacy of the trial court award to appellant and to her attorney.”
— Iowa Code § 598.8(4) — 1 case
Baker v. Baker, 110 N.W.2d 236 (Iowa 1961).
“Section 598.8(4) and (5), Code, 1958. However, it is *1163 well known that in this state each case involving the allegation of cruel and inhuman treatment such as to endanger the life of the spouse (section 598.”
— Iowa Code § 598.8(5) — 41 cases
Schantz v. Schantz, 163 N.W.2d 398 (Iowa 1968).
“On this subject Code sections 598.8(2) and 598.9 provide, in effect, a divorce may be decreed when one spouse willfully deserts the other or absents himself or herself, as the case may be, without reasonable cause, for the space of two years.”
Lovett v. Lovett, 164 N.W.2d 793 (Iowa 1969).
“"To entitle a party to a divorce under Code section 598.8(5), it is necessary two elements be proven, (1) inhuman treatment and (2) danger to life therefrom.”
Arnold v. Arnold, 133 N.W.2d 53 (Iowa 1965).
“Plaintiff’s petition alleges as cause for divorce what section 598.8, Code, 1962, designates “such inhuman treatment as to endanger the life of his wife.”
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.