Summary
The Delaware Supreme Court affirmed the Family Court's entry of divorce in Roberts v. Roberts. It held that the husband was not required to complete a domestic-violence-component parenting education course because the record did not establish a demonstrable history of domestic violence. The court further held that completion of the applicable parenting education program was not a condition precedent to entry of a divorce decree.
Topics
Practice areas
Questions Presented
- Whether the evidence established that Husband had a demonstrable history of domestic violence requiring completion of a more intensive parenting education program under 13 Del. C. § 1507(h).
- Whether completion of the applicable parenting education program was a condition precedent to the Family Court's authority to enter a final divorce decree.
- Whether the Family Court erred by entering the divorce decree before Husband completed a parenting education program with a domestic-violence education component.
Holdings
- The Family Court did not clearly err in finding that Husband had not been shown to have a demonstrable history of domestic violence. The cross-consent protection-from-abuse orders, without a judicial finding of abuse, and the uncorroborated conflicting testimony did not require a domestic-violence-component parenting education program. Husband's basic parenting education program therefore satisfied Section 1507(h).
- Completion of the applicable parenting education program is not a condition precedent to the Family Court's entry of a final divorce decree.
Key quotations
“Accordingly, Husband had no obligation to attend a PEP that had a domestic violence education course component. His successful completion of the April 2009 PEP course satisfied the requirements of Section 1507(h).” (282)
“Thus, under the Family Court Rules and procedures, the PEP completion is a procedural requirement, but not a substantive bar, to the scheduling of a divorce hearing and entry of a divorce decree.” (285)
Factual background
The parties married in 1989, had an adopted daughter under age 17, and separated in April 2008. They entered cross-consent protection-from-abuse orders, but neither party was found judicially to have committed domestic violence, and no criminal charges resulted from alleged abuse. Husband completed a basic parenting education program before the contested divorce hearing and later completed a program containing a domestic-violence education component after the divorce decree was entered.
Procedural history
Husband filed for divorce in January 2009. After an earlier decree was vacated because the Commissioner had not considered Wife's timely answer and counterclaim, the Commissioner held a contested hearing and entered a divorce decree on July 27, 2009. The Family Court affirmed on review, concluding that Husband had no established demonstrable history of domestic violence and, alternatively, that any defect was cured by his later completion of a domestic-violence-component parenting education program. The Supreme Court of Delaware affirmed.