598.8 - HEARINGS -- EXCEPTIONS.
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.
Section History: Early Form [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]
Section History: Recent Form 95 Acts, ch 165, § 1; 95 Acts, ch 182, § 21; 2000 Acts, ch 1034, §1, 2