Dora Flowers v. Kenroy Flowers (2010)

MEMORANDUM OF DECISION

This action for legal separation and other relief was brought to this court on May 12, 2009.   The defendant filed a cross complaint, on September 11, 2009, seeking a dissolution of the parties marriage.   This case was tried to the court on February 9, 2010 and March 31, 2010.

The court listened to and observed the witnesses and reviewed the exhibits.   In addition, the court carefully considered the criteria set forth in the relevant Connecticut General Statutes in reaching the decisions reflected in the orders below.

The court finds the following facts.   The parties were married on January 11, 1976 in Jamaica.   One party has resided continuously in the state of Connecticut for at least twelve months prior to the commencement of this action.   The Court has jurisdiction.   Two children were born issue of the marriage, both of whom are over the age of twenty-three.

The marriage of the parties has broken down irretrievably.   Based upon the testimony, the court determines that neither party was more responsible than the other in causing the breakdown of the marriage.

ORDERS

Based on the foregoing, the court orders the following:

1.  The marriage of the parties is dissolved on the basis of irretrievable breakdown pursuant to the defendant's cross complaint.

2. Neither party shall receive alimony from the other.

3. The plaintiff shall pay to the defendant as a property settlement the sum of $5,000, within 21 days, the sum of $30,000 within 90 days and the sum of $25,000 within 36 months.   The final payment shall be secured by a mortgage on the Burnsford Ave. property and shall be subordinate to the existing mortgage, and any subsequent mortgage or refinance of the existing mortgage required to pay the sums due herein.   The plaintiff shall retain ownership of the Burnsford Ave. property and be responsible for all obligations due thereon.

4. Each party shall be responsible for their own debts and hold the other harmless therefrom.

5. Each party shall pay their own attorney fees.

6. The parties shall share equally any bank or credit union accounts remaining in Jamaica.   The parties shall cooperate in determining the nature and extent of any such assets and in dividing such accounts if they exist.

7. Each party shall be responsible for their own health insurance.

8. Each party shall retain their own automobiles.   Each party shall retain the personal property currently in their own possession except that the defendant shall be entitled to retrieve his tools, clothing and other personal possessions from the Burnsford Ave. property within 30 days.   Each party shall retain their own bank accounts and retirement plans.

9. The plaintiff shall retain any interest she has to a workers' compensation claim.

Pinkus, J.

Pinkus, Barry C., J.