2004 Ct. Sup. 9512
No. FA 04 0083875 SConnecticut Superior Court, Judicial District of Tolland at Rockville
June 29, 2004
MEMORANDUM OF DECISION
KLACZAK, JUDGE TRIAL REFEREE.
This is a dissolution of marriage matter in which service of process was made by publication. The defendant has not filed an appearance and to the plaintiff’s knowledge and belief has moved to the country of Nigeria. However, his exact whereabouts is unknown.
An evidentiary hearing was held on June 24, 2004 at which the plaintiff testified and submitted proposed orders.
The Court finds the defendant is not in the military service and makes the following findings:
The parties intermarried in the town of Okene, Country of Nigeria, on December 23, 1978. The plaintiff has lived in Connecticut for longer than one year prior to the complaint. There are three minor children issue, namely: Maryann O. Abogunde, born July 22, 1986; Judith O. Abogunde born April 28, 1991; Joanne O. Abogunde, born July 25, 1994. The State of Connecticut has not contributed to the support of the parties or minor children.
Because personal service was not made upon the defendant, the Court has no jurisdiction to render a judgment in personam. Pindar v. Pindar, 42 Conn. App. 254 (1996). This prohibition include entering certain financial orders such as alimony and child support. The Court enters orders as follows:
1. The marriage between the parties has broken down irretrievably and it is ordered dissolved on said grounds.
2. The plaintiff shall have sole custody of the minor children. Any visitation shall be at the discretion CT Page 9513 of the plaintiff and only as permitted by her, until further order of the Court.
3. Child support is not awarded at this time as the Court is without jurisdiction to do so without personal service on the defendant.
4. Alimony is not awarded to the plaintiff for the same reason.
5. The parties jointly own the marital home located at 20 Wentworth Drive, South Windsor, Connecticut. The Court assigns the defendant’s interest in this property to the plaintiff pursuant to Connecticut General Statutes § 46b-81(a). (The Court cannot retain jurisdiction over any real estate in Nigeria.)
6. A retirement account in the approximate value of $538 with Trusted Securities Advisors Corp. is assigned to the plaintiff in its entirety.
7. The following bank accounts are assigned to the plaintiff: New Alliance Bank, f/k/a/ Tolland Bank (both checking and savings accounts). Newington VA Federal Credit Union and Sovereign Bank (both checking and/or savings accounts).
8. The plaintiff shall retain title to any motor vehicle presently in her name and the defendant’s interest in a 2002 Nissan Sentra is assigned to the plaintiff.
9. Any furniture and other personal property located in the family home in South Windsor shall be retained solely by the plaintiff.
10. The Court does not have jurisdiction to order the defendant to pay marital debts.
11. The Court declines to order the defendant to provide life insurance with the plaintiff as beneficiary, there being no evidence of cost or availability.
12. The Court retains jurisdiction on the issue of post-secondary school education pursuant to Connecticut General Statutes § 46b-56c.
Klaczak, J.T.R. CT Page 9514
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