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Section 598.5 - Contents of petition — verification — evidence.

IA Code § 598.5 (2019) (N/A)
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598.5 Contents of petition — verification — evidence.

1. The petition for dissolution of marriage shall:

a. State the name, birth date, address and county of residence of the petitioner and the name and address of the petitioner’s attorney.

b. State the place and date of marriage of the parties.

c. State the name, birth date, address and county of residence, if known, of the respondent.

d. State the name and age of each minor child by date of birth whose welfare may be affected by the controversy.

e. State whether or not a separate action for dissolution of marriage or child support has been commenced and whether such action is pending in any court in this state or elsewhere. State whether the entry of an order would violate 28 U.S.C. §1738B. If there is an existing child support order, the party shall disclose identifying information regarding the order.

f. Allege that the petition has been filed in good faith and for the purposes set forth therein.

g. Allege 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.

h. Set forth any application for temporary support of the petitioner and any children without enumerating the amounts thereof.

i. Set forth any application for permanent alimony or support, child custody, or disposition of property, as well as attorney fees and suit money, without enumerating the amounts thereof.

j. State whether the appointment of a conciliator pursuant to section 598.16 may preserve the marriage.

k. Except where the respondent is a resident of this state and is served by personal service, state that the petitioner has been for the last year a resident of the state, specifying the county in which the petitioner has resided and the length of such residence in the state after deducting all absences from the state, and that the maintenance of the residence has been in good faith and not for the purpose of obtaining a dissolution of marriage only.

2. The petition shall be verified by the petitioner.

3. The allegations of the petition shall be established by competent evidence.

[C71, 73, 75, 77, 79, 81, §598.5]

85 Acts, ch 178, §4; 97 Acts, ch 175, §186; 2005 Acts, ch 69, §30

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Section 598.5 - Contents of petition — verification — evidence.