Galen Morris–Fagan v. Robert Fagan (2013)

MEMORANDUM OF DECISION

The court finds that the plaintiff did not establish the jurisdictional requirements in her complaint.   Therefore, the undersigned, having carefully reviewed the testimony, documentary evidence and relevant statutory criteria, finds the following facts and issues the following orders, regarding the defendant's counterclaim:

The parties were married in Killingworth, Connecticut on August 14, 2006.   The marriage has broken down irretrievably, with no hope of reconciliation.   Neither party is more at fault than the other for the breakdown of the marriage.   Neither party was a recipient of state aid during the pendency of the marriage.   The defendant has resided in the State of Connecticut for at least twelve months prior to commencement of the instant action.   There are no minor children born issue of the marriage.   The plaintiff is not pregnant.   The court has jurisdiction on the defendant's counterclaim.

The plaintiff, Galen Morris–Fagan, is fifty-three years old.   She suffers from depression, but is in otherwise good health.   She is a high school graduate, and has attended at least two years of college.   She is the sole owner of Prairie Dog, LLC, a dog grooming business, located at the family residence, 18 Durham Road, Rte. 79, in Killingworth, Connecticut.   Her weekly income from the dog grooming business is $741.90, according to her bank deposits for the first seven months of the current calendar year.

The defendant, Robert Bruce Fagan, is fifty-nine years old, and is in reasonably good health.   He is also a high school graduate and has attended one year of college.   He is the sole owner of American Home & Tree, LLC, a tree removal business.   He is also the tree warden for the Town of Killingworth, Connecticut.   He currently grosses $1,512 weekly in his business, but has net earnings of $518, due to significant business expenses, according to his most recent financial affidavit.

The marital residence, referred to above, has a current value of $356,000 and is encumbered by a mortgage in the amount of $309,000.   It includes, in addition to the living quarters, a three-horse stall barn.   The plaintiff currently resides in the marital home.

The court, having heard all of the evidence presented at trial, the reasonable inferences drawn therefrom, and having reviewed the statutory factors enumerated in the Connecticut General Statutes, enters the following orders on the defendant's counterclaim:

1. The defendant shall quit claim all of his right, title and interest in the marital home and lot, referenced above, to the plaintiff within thirty (30) days of judgment.   The plaintiff shall have sole and exclusive use of the marital residence and barn.   She shall, within ninety (90) days of the entry of judgment, refinance and remove the defendant's name from the mortgage, and she shall be solely responsible for any and all expenses and liabilities related thereto, both before and after the refinance, and shall hold harmless and indemnify the defendant from such liabilities and expenses thereto.   The plaintiff shall allow the defendant reasonable access to the premises to obtain any personal items left there.

2. The court declines to award alimony to either party.

3. Each party shall retain his or her own motor vehicles listed on their respective financial affidavits.

4. Each party shall be solely responsible for the costs associated with his or her own health insurance coverage.   Each party shall be solely responsible for any and all past and future unreimbursed medical expenses pursuant to their individual coverages, and shall indemnify and hold the other party harmless from those expenses.

5. Each party shall assume, pay, hold harmless and indemnify the other relative to the liabilities delineated on their respective financial affidavits, which the exception of the federal tax debt discussed below.

6. Each party shall retain any saving and checking accounts solely in his or her name, as delineated on the respective financial affidavits.

7. The plaintiff shall retain all right, title and interest in the businesses known as Prairie Dog, LLC, and EBan, LLC, and any and all assets owned by those businesses, free from any claim(s) of the defendant.   The plaintiff shall be solely responsible for any and all liabilities owed or owing on behalf of those businesses, and shall indemnify and hold the defendant harmless regarding those liabilities.   The defendant shall retain all right, title and interest in the business known as American Home & Tree, LLC, and any and all assets owned by that business, free from any and all claims of the plaintiff.   The defendant shall be solely responsible for any and all liabilities owed on behalf of that business, and shall hold the plaintiff harmless regarding those liabilities.

8. The defendant shall be solely responsible for the $16,133.29 debt due and owing to the Internal Revenue Service for the tax years 2007 and 2008, and shall indemnify and hold the plaintiff harmless from any expenses, costs or liabilities related thereto.

9. Each party shall be solely responsible for his or her own attorneys fees, costs and trial expenses.

10. The marriage is hereby ordered dissolved.

GOULD, J.

Gould, Mark T., J.