Donna Culver v. John Culver
FA 10 4010437
????Decided: January 17, 2012
This is an action commenced by the plaintiff wife by complaint dated March 31, 2010 and made returnable to this court on April 27, 2010 seeking a dissolution of marriage on the grounds of irretrievable breakdown. ? Additionally, the plaintiff’s complaint seeks a fair division of property and debts and anything else the Court deems fair. ? The defendant appeared through counsel.
On January 12, 2012, the matter was tried to the court having been previously claimed to the Limited Contested List. The plaintiff was present during the trial and was represented by counsel. ? The defendant participated in the trial via an interactive audiovisual device and was represented by counsel. ? Testimony was received from the plaintiff.
From the testimony and evidence produced at the trial and after assessing the credibility of the witness, the court finds the following facts to have been proven.
The parties were intermarried on July 11, 1987 in Danielson, Connecticut. ? There are no minor children issue of the marriage and no minor children were born to the wife since the date of the marriage. ? Neither party is receiving any assistance from the State of Connecticut or any Town in the State of Connecticut.
The plaintiff has resided in this state for more than one year immediately prior to the date of the complaint. ? The court finds that it has jurisdiction over the parties and the marriage.
Both the plaintiff and the defendant submitted a financial affidavit to the Court.
The parties have been married for over twenty-four years. ? During the marriage, the plaintiff earned approximately $20,000.00 a year until she was injured and went on workers’ compensation in February 2010 and is currently receiving $363.00 per week. ? The defendant earned approximately $40,000.00 a year as a truck driver until his arrest and subsequent incarceration and has no income at the present time.
The plaintiff testified that the marriage has broken down starting in September 2009 due to the defendant’s alleged sexual molestation of their grandchildren and his infidelity. ? The defendant is currently incarcerated as result of criminal charges against him.
The plaintiff and the defendant received a $900.00 check as a result of a truck repossession. ? In addition, the plaintiff has in her possession a 2000 Mustang automobile that was in a prior accident. ? After an accident, the car was appraised by the parties insurance company at $12,000.00. ? The car was repaired at a cost of $10,000.00 paid by the insurance company. ? The plaintiff asserts on her financial affidavit that the car has no value testifying that she only has a salvage title. ? She also testified that the car has not been in another accident after it was repaired and is operational. ? She has not sought to obtain an updated title to the car. ? The parties also have a tax liability from the IRS as listed on their financial affidavits.
Neither party is requesting alimony from the other.
The court finds that the primary cause of the breakdown of the marriage was the defendant’s infidelity as well as his subsequent arrest and incarceration. ? The court finds that defendant should provide the plaintiff with sufficient funds to pay the IRS tax debt as listed on their financial affidavits as well as an additional amount as detailed in this order in order to equitably divide the parties’ limited assets.
After taking into consideration the statutory criteria set forth in the Connecticut General Statutes, as well as the applicable case law and applying the same to the evidence, the court enters the following orders.
1.?A decree is entered dissolving the marriage of the parties on the grounds of an irretrievable breakdown.
2.?No alimony is awarded to either party.
3.?The plaintiff shall retain ownership of the 2000 Ford Mustang free and clear of any claims of the defendant and shall assume all liabilities on said automobile including, but not limited to taxes and insurance.
4.?Each party shall retain possession of and are entitled to all household goods, furnishings and possessions now under their possession and control.
5.?The $900.00 check payable to the plaintiff and the defendant representing the proceeds of a prior truck repossession shall be given to the plaintiff and the defendant shall sign the check and forward it to the plaintiff’s attorney.
6.?Each party shall be solely responsible for the debts in their own names as listed on their financial affidavits except that the plaintiff shall be solely responsible for the 2007 IRS debt as listed on the financial affidavits and shall hold the defendant harmless therefrom.
7.?Each party shall retain any pensions, retirement, savings, or checking accounts as listed in his or her own name excepting however that the defendant shall transfer to the plaintiff the sum of Five Thousand ($5,000.00) Dollars of his Jolley Precast retirement/profit sharing account by way of a Qualified Domestic Relations Order. ? The plaintiff shall be responsible for the costs associated with the preparation and expenses of said Qualified Domestic Relations Order.
8.?Each party shall be responsible for his or her attorneys fees or costs.
9.?The plaintiff’s maiden name of Donna McClure is restored.
10.?Each party shall promptly execute any documents necessary to effectuate these orders.
Graziani, Judge of the Superior Court
Graziani, Edward C., J.