Roberts v. Roberts

19 A.3d 277, 2011 WL 1707042
CourtSupreme Court of Delaware
DecidedMay 5, 2011
Docket638, 2009
StatusPublished
Cited by2 cases

This text of 19 A.3d 277 (Roberts v. Roberts) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roberts v. Roberts, 19 A.3d 277, 2011 WL 1707042 (Del. 2011).

Opinion

JACOBS, Justice:

Beth J. Roberts (“Wife”), the respondent-below appellant, appeals from the Family Court’s July 27, 2009 entry of divorce from petitioner-below appellee, Matthew Roberts (“Husband”). On appeal, Wife claims that the Family Court erred by concluding that Husband had completed the applicable Parent Education Program (“PEP”), as required by 13 Del. C. § 1507(h), because Husband should have been required to complete a PEP that had a domestic violence education course component. She further claims that the Family Court erred in holding that the PEP requirement of Section 1507(h) did not have to be satisfied before entry of the divorce decree. We find no error, and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The parties, who were married on August 12, 1989, have an adopted daughter who is presently 14 years old. On or about April 1, 2008, the parties separated. Cross Petitions for Protection from Abuse orders (“cross-consent PFAs”) were entered by consent soon thereafter. The cross-consent PFAs directed that the parties have no contact from and after May 2008.

Husband initiated divorce proceedings on January 16, 2009. Although an earlier divorce decree had been entered on May 12, 2009, it was vacated one week later, because the Commissioner signed that decree without having considered Wife’s timely-filed Answer and Counterclaim. 2

Husband completed a basic Parent Education Program (“April 2009 PEP course”), and filed his Certificate of Completion of that program with the Family Court on May 5, 2009. That April 2009 PEP course did not include a domestic violence education course component. The Family Court docket discloses that as of December 11, 2009, Wife has not filed a Certificate of Completion of a PEP with the court.

On May 29, 2009, the Family Court notified the parties that the contested divorce hearing was scheduled for October 29, 2009. On June 3, 2009, Husband filed an Emergency Motion to Set Contested Divorce Hearing, claiming that Wife had “purposely perjured herself’ by denying both the date of the parties’ separation and the parties incompatibility “in an attempt to not have the divorce granted prior to August 12, 2009.” That date was signifi *279 cant, because if the parties’ divorce was finalized on or after August 12, 2009, the parties would have been legally married for 20 years. In those circumstances, Wife would be eligible for an unlimited period of alimony under 13 Del. C. § 1512(d). 3

The Family Court granted Husband’s emergency motion, and scheduled the contested divorce hearing before a Commissioner for June 27, 2009. At the June 27, 2009 Hearing, Wife argued that Husband failed to complete a domestic violence parenting course, and that therefore the divorce case could not proceed. Both Husband and Wife testified to have been mentally and/or physically “abused” by the other, and that the police had been called, even though no charges were ever filed. Both parties also testified that cross-consent PFAs had been filed against each other after the two separated.

After hearing the parties’ testimony, the Commissioner found that Husband had demonstrated that the parties were incompatible and granted the divorce. As for Wife’s specific claim that Husband should have been required to complete a PEP that included a domestic violence education course component, the Commissioner noted that the April 2009 PEP course Husband attended was taught by the same provider that the Family Court recommends for domestic violence education courses. It therefore was possible that the April 2009 PEP course Husband attended had included domestic violence education. The Commissioner found it unnecessary to address that point, however, having concluded that “the [Family] Court can, for other good cause shown, allow [Husband’s April 2009] parenting certificate to comply with the requirements [of Section 1507(h) ], and that’s what I’m going to do in this matter.”

The Commissioner entered a final order granting the divorce petition on July 27, 2009. Wife then moved for Family Court review of the Commissioner’s order on August 11, 2009. On August 21, 2009, Husband filed his Certificate of Completion of a PEP which included a domestic violence education component.

On review of the Commissioner’s order, the Family Court judge noted that 13 Del. C. § 1507(h) requires that a parent complete a PEP that has a domestic violence education course component only where the parent has a “demonstrable history of domestic violence.” 4 The Court found it “questionable whether the cross Consent Protection From Abuse Orders in place between the parties evidence a ‘demonstrable history of domestic violence.’” 5 Therefore, “it is unclear whether [Husband] was under the obligation to attend a domestic violence course pursuant to [Section 1507(h)].” 6 The Court noted that it need not decide that issue, because Husband had cured “the procedural defect” by completing a PEP which included a domestic violence education course component in August 2009. 7 Accordingly, the Family Court affirmed the Commissioner’s order.

Wife appeals from those rulings. After briefs were filed, this Court directed the parties to file supplemental memoranda quantifying the extent of damages Wife claims to have suffered as a result of the *280 Family Court’s July 27, 2009 order granting the divorce. In her supplemental memorandum, Wife argues that she was damaged in the amount of $219,000, plus the value of 18 additional years of alimony after Husband retires from his current job. Husband disputes Wife’s damages calculation and its duration, arguing that Wife falls within the group of women who, statistically speaking, are most likely to remarry.

Following supplemental briefing, this Court appointed Curtis P. Bounds, Esquire, as an amicus curiae to present the Family Law Section’s position on the question of whether a PEP, required by 13 Del. C. § 1507(h), is a condition precedent to the issuance of a divorce decree by the Family Court. 8 The amicus takes the position that the statutory requirements of Section 1507(h) are neither a condition precedent nor a substantive limitation to obtaining a divorce decree. Rather (the amicus argues), the General Assembly left it to the Family Court to enforce the requirements of Section 1507(h) through its Rules. The Family Court has taken a “procedural and practical approach” to enforcing Section 1507(h). That is, the Family Court does not require that both parties submit PEP completion certificates before issuing a Notice of Trial Readiness. Once the petitioner has filed his or her PEP completion certificate, the Notice is issued, and the Family Court does not wait for the respondent to submit his or her PEP completion certificate.

Neither party filed a response to the amicus curiae’s brief.

Related

Allen v. Scott
Supreme Court of Delaware, 2021
Glanden v. Quirk
128 A.3d 994 (Supreme Court of Delaware, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
19 A.3d 277, 2011 WL 1707042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-roberts-del-2011.