(Radio Iowa) – A bill that’s cleared an Iowa Senate subcommittee would let couples getting married in Iowa sign a waiver of Iowa’s no-fault divorce law to indicate they would only seek a divorce for specific reasons, like adultery or abuse. However, the bill’s future is uncertain. Republican Senator Jesse Green of Boone says the goal of his bill is to promote marriage.

“If family is not supported, government is left picking up the pieces,” Green said. “…Family is the best place to educate and nurture the next generation.” Republican Senator Scott Webster of Bettendorf joined Green to advance the bill out of their subcommittee, but Webster says the bill must be completely rewritten. Webster says he wants to preserve Iowa’s no-fault divorce law, but create “at fault” divorce in cases involving division of assets and child custody when one spouse is clearly at fault.

“I don’t think we should be necessarily looking at custody 50/50 in a case where there’s been domestic abuse,” Webster said. “…Maybe the husband or the wife is holding all the money and saying: ‘Good luck trying to leave, I have all the money.'” During yesterday’s subcommittee hearing, Chuck Hurley, vice president of The Family Leader, was one of two people who testified in favor of Green’s original concept.

“Strengthening the importance, gravity and permanence of marriage is desperately needed,” Hurley said. “…Divorce should be discouraged and avoided, when possible.” Des Moines attorney Stacey Warren is among nine people who testified against the bill.”Probably the divorce attorneys’ full employment act, times ten,” she said. Laura Hessburg of the Iowa Coalition Against Domestic Assault says it would be dangerous for some victims to seek a divorce after they signed a waiver of Iowa’s no-fault divorce law.

“Notably ‘no fault’ divorces have been beneficial to spouses in abusive relationships,” Hessburg said, “and that’s not surprising, as any barriers to divorce prolongs an individual’s forced involvement with an abusive partner.” In 1970, Iowa became the second state in the country to enact a “no fault” divorce law.

In 2013, seven Republicans in the Iowa House unsuccessful sought to make most parents with kids under the age of 18 ineligible for a no-fault divorce. That 2013 bill would have forced parents with minor children seeking a divorce to prove a spouse was guilty of adultery, had been sent to prison on a felony conviction, had physically or sexually abused someone in the family, or had abandoned the family for at least a year.