Gail C. Chambless v. Ronald O. Chambless (2011)

MEMORANDUM OF DECISION RENDERING JUDGMENT

The Plaintiff (hereafter, sometimes referred to as the Wife) filed a Complaint in this court on September 27, 2010, for dissolution of her marriage to the Defendant (hereafter, sometimes referred to as the Husband).   The Return Date was October 5, 2010.   The Husband appeared through counsel on October 28, 2010.   The Wife seeks dissolution of the marriage, an equitable division of property and debts, and alimony.   No Answer or Cross–Complaint was filed by the Husband.   After status conferences, pre-trials, mediations, special master's conferences, and pendente lite hearings, none of which were successful, the matter was continued and assigned to this trial court for a limited contested final hearing.

The Wife appeared at trial with counsel who represented her throughout.   The Husband appeared at trial with counsel who represented him throughout.   The hearing commenced May 18, 2011, and continued on June 22, July 15, and thence to August 2, 2011, whereupon it concluded.   The Wife and Husband each testified.   No other witness was called by the Wife. The Husband called one other witness, Stephanie Hart Powell, a vocational consultant who testified as an expert witness.   The Wife introduced several exhibits and the Husband introduced several exhibits.

FINDINGS:

After hearing, and a careful review of the credible and relevant evidence offered during the trial, and a review of the judicially noticed court records, the court finds the following:

The Plaintiff resided continuously in the State of Connecticut for at least 12 consecutive months immediately preceding the filing of the Complaint.   She was married to the Defendant by her birth name of Gail C. Stokes on August 3, 1998, in Winchester, Virginia.   There is no minor or adult child that is an issue of the marriage.   There is no reasonable hope of reconciliation.   The marriage of the parties has broken down irretrievably.   The State of Connecticut has not contributed any financial assistance for the support or maintenance of either party.   The State of Connecticut did not appear in this case.   The allegations of the Complaint are found to be true.   This court has jurisdiction over the marriage of the parties.

The parties have been married to each other for 13 years.   This is the Wife's first marriage and the Husband's second marriage.

The Husband is 64 years of age.   He did not go beyond the 5th grade in school.   Although he can read, he cannot write.   He served in the infantry division of the U.S. Military in Vietnam in 1969.   He earned numerous badges and medals of Honor for his service.   He sustained numerous, serious and debilitating physical injuries while serving in Vietnam He was awarded a total service connected disability rating of 130% in 1986.   He has a 100% medical disability rating for Post Traumatic Stress Disorder, a 20% disability rating for diabetes, and a 10% disability rating for heart disease.   He has received full veteran's disability benefits since 1986.

At the time of marriage, the Defendant lived in Virginia and the Plaintiff lived in Connecticut.   He actively participated in a treatment program for post traumatic stress injuries.   One month after marrying, the Wife moved to Virginia to reside with him.   They frequently consumed alcohol and drugs together.   Each of them sometimes stayed out all night and sometimes without the other.   They argued often and usually “about nothing.”   They verbally and physically fought with each other.   The Wife's drug of choice was crack cocaine.   The Husband's drug of choice was Jack Daniels.   After five years, he abruptly changed his lifestyle and “gave his life to God.” The Wife did not change and continued in their old ways.   Consequently, they could not get along and agreed to separate.   She moved out in 2003 and returned to Connecticut.   In 2004, they reconciled and agreed to reunite.   The Husband moved to Connecticut and joined the Wife.

During 2004, his physical health further declined.   The Wife attended to his daily hygiene;  prepared his meals, helped to feed and dress him, and she monitored and administered his medications daily.   As his medical condition continued to deteriorate, she cared for him at home and full-time, until she was unable to continue doing so without assistance.   A home health aid was provided for the Husband toward the end of 2004.   Three months thereafter, he was admitted into the hospital for surgery.   He returned home to the Wife following surgery but did not want stay there.   He was removed from their marital home and placed in a nursing home in 2004.   The parties have lived separate and apart from one another since then.   Since 2004, he has resided in several nursing homes and health care facilities.   The Wife visited him less and less often as time went by.   When she did they argued a lot and did not enjoy each other's company.   In 2007, her car was repossessed due to non-payment.   She has not owned nor had access to a motor vehicle since 2007.   The Husband had not seen the Wife since 2008 until she filed this action in September 2010 to dissolve their marriage.   She claims she did not visit him more often because she was without transportation.   His health has been in a continuous decline from the beginning of the marriage.   He is diagnosed with prostate cancer, gout, Parkinson's disease, spinal injuries, and seizures.   He has been in and out of the Veteran's Hospital numerous times.

The Husband's only income consists of $615 per week in veteran's disability payments and $237 per week in social security payments, totaling $852 per week.   He has contributed $375 per to the Wife for her support since 2007.   An attorney at law has been appointed to serve as his Federal Fiduciary.   He has full medical coverage provided by the Veteran's Administration.   During the marriage he accumulated savings of approximately $25,000.

The Wife is 61 years of age.   She completed high school in 1968 and two years of college in 1972.   She has an Associate's degree in Human Services.   She has had no further formal education.   She completed numerous workshops and seminars in Human Services.   She has presented at workshops and seminars as a motivational speaker.   She worked during the marriage until 2008.   Her annual earnings during the marriage have ranged from $15,031 in 1998 to $38,000 in 2007.   When they married in 1998, she was employed by the Jobs Corps as a Case Manager and by Potomac Highland Support Services as an Employment Specialist until 1999.   She worked as a Psychosocial Vocational Employment Specialist from 1999 through 2001;  an Admissions Counselor and Vocational Career Coordinator in 2001;  as a Case Manager for Gilead Community Services, Inc.2002 to 2004;  and as Vocational Placement Coordinator from October 2004 through July 2007 with the Christian Community Action Agency.

She has been continuously unemployed since 2007.   She has been and continues to be completely dependent upon the Husband and her family for financial support.   She has no accumulated savings.   She is currently qualified to work as a vocational coordinator, psychosocial vocational employment specialist, case management specialist, with youth at risk, homeless families, individuals diagnosed with physical and mental disabilities, in the field of Human Services generally, as Customer Services Representative, a Receptionist, and an Information Clerk.   She has an earning capacity of between $23,000 and $40,000 annually, based upon her age, education, vocational background, and work history, including length of continuous unemployment.   She has hypertension and takes medication for a thyroid condition, however;  she is able and willing to work.   She is working with local agencies for vocational support and is making adequate efforts find employment commensurate with her earning capacity.   She will require a period of rehabilitative alimony.   She has no health insurance other than the coverage provided to her through the Husband's insurance through the Veteran's Administration.

Neither party brought any significant asset into the marriage.   Neither party presently owns or acquired (other than the saving accumulated by the Husband) any significant asset during the marriage.   Neither party is found to be more at fault for the marital breakdown than the other.

In entering the following decree the court has taken into consideration among other things, the length of the marriage, the causes of the breakdown of the marriage, the age of the parties, their health, skills, employability, amount and sources of income, distribution of the marital assets, their resources, and their respective ability to acquire work and future income.   The court has considered all of the evidence in the light of the statutory factors in Connecticut General Statutes § 46b–81 and § 46b–82 and hereby enters the following orders:

ORDERS

DISSOLUTION OF MARRIAGE:

1. The marriage is hereby dissolved on the ground of irretrievable breakdown.

RESTORATION OF BIRTH NAME:

2. The Wife has elected to have her birth name of Gail C. Stokes restored.   She is therefore restored her birth name of Gail C. Stokes.

ALIMONY

3. The Wife needs reasonable additional time to obtain gainful employment and financial support until then.   She is awarded periodic alimony in the amount of one thousand five hundred ($1,500) dollars per month.   Periodic alimony to the Wife shall terminate upon the death of either party, remarriage of the Wife, pursuant to Connecticut General Statute § 46b–86(b), or 12 months from the date of Judgment, whichever occurs first.   The 12 months term of the alimony is, under the circumstances of this case, considered by the court to be a reasonable time to grant to the Wife to obtain gainful employment.   The 12 months term of the alimony is non-modifiable.   The amount of the periodic alimony may be modified during the 12 months pursuant to Connecticut General Statute § 46b–86(b).

4. The Wife is also awarded lump alimony in the amount of five thousand ($5,000) dollars to pay toward accumulated bills and to use to purchase a car which she may need to pursue employment;  to travel to and from work, should she find employment;  and to use for travel during the course of her employment.   He shall make the payment to the Wife's attorney within thirty (30) days from the date of Judgment.

5. The Husband did not request alimony and no alimony is awarded to the Husband.

HEALTH INSURANCE:

6. The Wife shall be responsible for her own medical, dental, and vision health insurance.

7. The Husband shall be responsible for his own medical, dental, and vision health insurance.

LIFE INSURANCE:

8. Neither party has a life insurance policy;  neither party has requested that a life insurance policy be obtained and maintained for the benefit of the other.   With consideration given to the parties' age, health, incomes and the cost to obtain and maintain a life insurance policy, neither party is required to maintain a life insurance policy for the benefit of the other.

BANK ACCOUNTS:

9. The Wife shall retain all monies deposited in the personal checking account in her individual name and listed on her financial affidavit, dated and filed with the court on August 2, 2011, free and clear of any claim by the Husband.

10. The Husband shall retain all monies deposited in the personal checking account with the Webster Bank and the Silver Springs Nursing Home Patient account in his individual name and listed on his financial affidavit, dated and filed with the court on August 2, 2011, free and clear of any claim by the Wife.

PERSONAL PROPERTY:

11. The Wife shall be entitled to retain all of the personal property listed on her financial affidavit, dated and filed with the court on August 2, 2011, free and clear of any claim by the Husband.

12. The Husband shall be entitled to retain all of the personal property listed on his financial affidavit, dated and filed with the court on August 2, 2011, free and clear of any claim by the Wife.

13. Any other disclosed asset shall remain the property of the party who now has the asset in their possession free of any claim by the other.

DEBTS AND LIABILITIES:

14. The Wife shall be responsible for paying all of the debts set forth on her financial affidavit, dated and filed with the court on August 2, 2011.   She shall indemnify and hold the Husband harmless against any claims brought against him arising from such debts.

15. The Husband shall be solely responsible for paying the debts set forth on his financial affidavit, dated and filed with the court on August 2, 2011.   He shall indemnify and hold the Wife harmless against any claims brought against her arising from such debts.

16. Any debt incurred postjudgment is the sole responsibility of the party incurring the debt.

COUNSEL FEES AND COSTS:

17. The Husband shall contribute the sum of one thousand ($1,000.00) towards the attorneys fees incurred by the Wife in this dissolution action.   He shall make the payment to the Wife's attorney within thirty (30) days from the date of Judgment.   The Wife shall be responsible for payment of the balance her attorneys fees.

18. The Husband shall be responsible for payment of his attorneys fees.

By the Court,

John Turner,

Judge of the Superior Court

Turner, John, J.