Robert J. Parisi v. Kathleen M. Parisi (2011)

MEMORANDUM OF DECISION

Pursuant to the order of the Appellate Court dated July 7, 2011 the following ruling is entered on the defendant's motion for contempt and clarification.

The parties appeared before the court for purposes of obtaining an uncontested dissolution of their marriage on November 17, 2010.   The parties who were represented by very able counsel submitted a detailed separation agreement dated one week earlier.   Both parties were carefully canvassed by their respective counsel and neither party expressed any reservations about the terms of the separation agreement.   The case had previously been pretried by Coppetto, J.T.R. on November 9, 2010.   At the time of dissolution, November 19, 2010, the court after a detailed canvass by their respective counsel and an examination of the agreement found that said agreement was fair and equitable.

On January 13, 2011 pursuant to a motion for contempt and clarification the Court held a hearing on the parties' separation agreement, defendant waived her right to compel further discovery and inspection (17, Tr. 1–13–11).

The plaintiff did not have $300,000 in cash available to him and she was aware of it (33–34 Tr.).

The Court finds that the plaintiff was fully aware of all aspects of the agreement and that she was thoroughly canvassed.   At the contempt hearing all aspects of the agreement were explored and there was no evidence of any wilful conduct that would warrant a finding of contempt.   The agreement is clear and concise and needs no clarification.

The defendant's motion for contempt and further clarification is denied.

By the Court,

OWENS, J.T.R.

Owens, Howard T., J.T.R.