598.8 Hearings — exceptions.
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
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS
Section 598.2 - Jurisdiction and venue.
Section 598.2A - Choice of law.
Section 598.3 - Kind of action — joinder.
Section 598.4 - Caption of petition for dissolution.
Section 598.5 - Contents of petition — verification — evidence.
Section 598.6 - Additional contents.
Section 598.8 - Hearings — exceptions.
Section 598.9 - Residence — failure of proof.
Section 598.10 - Temporary orders.
Section 598.11 - How temporary order made — changes — retroactive modification.
Section 598.12 - Guardian ad litem for minor child.
Section 598.12A - Attorney for minor child.
Section 598.12B - Child custody investigators and child and family reporters.
Section 598.13 - Financial statements filed.
Section 598.14A - Retroactive modification of temporary support order.
Section 598.14B - Child visitation — temporary custody orders.
Section 598.15 - Mandatory course — parties to certain proceedings.
Section 598.16 - Conciliation — domestic relations divisions.
Section 598.17 - Dissolution of marriage — evidence.
Section 598.18 - Recrimination not a bar to dissolution of marriage.
Section 598.19 - Waiting period before decree.
Section 598.19A - Mandatory course — parties to certain proceedings.
Section 598.20 - Forfeiture of marital rights.
Section 598.20A - Beneficiary revocation — life insurance.
Section 598.20B - Beneficiary revocation — other contracts.
Section 598.21 - Orders for disposition of property.
Section 598.21A - Orders for spousal support.
Section 598.21B - Orders for child support and medical support.
Section 598.21C - Modification of child, spousal, or medical support orders.
Section 598.21D - Relocation of parent as grounds to modify order of child custody.
Section 598.21E - Contesting paternity to challenge child support order.
Section 598.21F - Postsecondary education subsidy.
Section 598.21G - Minor parent — parenting classes.
Section 598.22A - Satisfaction of support payments.
Section 598.22B - Information required in order or judgment.
Section 598.22C - Child support — social security disability dependent benefits.
Section 598.22D - Separate fund or conservatorship for support.
Section 598.23 - Contempt proceedings — alternatives to jail sentence.
Section 598.24 - Costs if party is in default or contempt.
Section 598.25 - Parties and court granting marriage dissolution decree — notice.
Section 598.26 - Record — impounding — violation indictable.
Section 598.28 - Separate maintenance and annulment.
Section 598.29 - Annulling illegal marriage — causes.
Section 598.30 - Validity determined.
Section 598.31 - Children — legitimacy.
Section 598.32 - Annulment — compensation.
Section 598.33 - Order to vacate.
Section 598.34 - Recipients of public assistance — assignment of support payments.
Section 598.35 - Grandparent — great-grandparent — visitation rights.
Section 598.36 - Attorney fees in proceeding to modify order or decree.
Section 598.41 - Custody of children.
Section 598.41A - Visitation — history of crimes against a minor.
Section 598.41B - Visitation — restrictions — murder of parent.
Section 598.41C - Modification of child custody or physical care — active duty.
Section 598.42 - Notice of certain orders by clerk of court.