Janet Hyde v. Gary Hyde (2013)

MEMORANDUM OF DECISION RE MOTION TO APPOINT GUARDIAN AD LITEM PENDENTE LITE # 115 AND OBJECTION TO PLAINTIFF'S REQUEST FOR APPOINTMENT OF GUARDIAN AD LITEM, PENDENTE LITE

The plaintiff filed for dissolution on May 20, 2013.   The complaint alleges that the parties were married on January 28, 2004 in Barrington, Rhode Island.   Both parties are represented by counsel.   There are no minor children of the marriage.   The court has jurisdiction over this matter as the parties have lived in the state of Connecticut for more than one year prior to filing of this action.

FINDINGS

1. Neither party testified at the hearing regarding the above-captioned matter.   The plaintiff presented three witnesses during the evidentiary proceeding held on October 9, 2013.

2. The evidence supports a finding that the plaintiff is able to operate a motor vehicle, maintain functions of daily living and keep doctor appointments on a consistent basis.

3. Plaintiff has been observed to have lost weight, experienced insomnia and has become increasingly anxious since the defendant left the marital home.

4. The daughter of the plaintiff has assumed the banking obligations for the plaintiff to maintain her financial status and travels often to assist her mother with household maintenance.

5. No evidence was submitted to establish the plaintiff is unable through counsel to protect her interest, nor has she been adjudicated incompetent and placed under conservatorship by a court of competent jurisdiction.

6. The plaintiff has failed to establish by a fair preponderance of the evidence that a guardian ad litem is required to protect the interest of the plaintiff.

ORDER

Motion for an adult guardian ad litem is denied.

Objection is sustained.

SO ORDERED.

BY THE COURT,

Stewart Johnson, J.

Johnson, Stewart, J.