What happens if one parent refuses to take a parent education class prior to divorce papers being filed and it is required by the court?

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What happens if one parent refuses to take a parent education class prior to divorce papers being filed and it is required by the court?

My state requires parents of children under age 17 to take a parent education class prior to filing for divorce. What happens if one parent refuses to take the class? What can the other parent (who already took the class and has all the paperwork completed) do in order to proceed with the divorce?

Asked on November 24, 2011 under Family Law, Delaware

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As you know, it is not a class on how to raise children but rather on how to cope with divorce.  Seems that you - that party coping - took the course while him - the party obviously not coping - refuses, correct?  I am sorry to tell you that it is my understanding that the courts in Delaware will not proceed with the divorce process unless and until all the required certificates or completion have been submitted.  So you are stuck here.  I would request a conference before the court (ie., the Judge) and advise the judge that your husband is refusing to take the course.  There may be remedies that the court can use to persuade him but I am sure that they are at the court's discretion.  Good luck.


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