Lisa S. Malone–Albertus v. Jon J. Malone (2015)

MEMORANDUM OF DECISION

This is an action commenced by the plaintiff wife by complaint dated June 13, 2014 and made returnable to this court on July 22, 2014.   The complaint was amended by the plaintiff by amendment dated August 6, 2014.

This matter was tried to the court on February 10, 2015.   Both the plaintiff and the defendant were self-represented.   Testimony was received from the parties.

From the testimony and evidence produced at the trial and after assessing the credibility of the witnesses, the court finds the following facts to have been proven.

The parties were intermarried on April 7, 2001 in Port Jefferson, New York. There are no children born or adopted to either party since the date of the marriage.   The plaintiff has resided in this state for more than one year immediately prior to the date of the marriage.   Neither party is receiving any state, federal or local assistance.   The court finds that it has jurisdiction over the parties and the marriage.

The plaintiff is 42 years old and the defendant is 44 years old.   The plaintiff is a high school graduate and completed one year of college.   The defendant has received his GED. The plaintiff works part time for a bus company but testified that she is seeking full-time employment.   Her financial affidavit revealed she is earning $315.00 a week.   The defendant is employed full time at a supermarket and earns $639.00 a week.   The plaintiff testified that she is considering filing for bankruptcy.

Both parties blame each other for the breakdown of the marriage.   The plaintiff attributes the breakdown of the marriage to a lack of communication, infidelity by the defendant and drug use.   The defendant attributes the breakdown of the marriage to the plaintiff's abusive behavior including physical and mental abuse.

The parties had previously purchased a home in 2006.   The defendant moved out of the home in January 2010, attempted to reconcile and was out of the home permanently in January 2011.   He signed over the deed to the plaintiff in June 2014.   The home was sold by the plaintiff in a short sale in January 2015.   The parties have been separated for approximately four or five years with both parties supporting themselves.   The two quads that the parties are seeking were purchased approximately ten years ago when the marriage was intact.   Each party presently retains one quad.

The court finds that both parties are responsible for the breakdown of the marriage.   The parties have been separated for approximately four or five years and each has been responsible for their own support.   Both parties have relatively few assets.   The court does not find that an award of alimony to the plaintiff is equitable in this case.

After taking into consideration the statutory criteria set forth in the Connecticut General Statutes as well as the applicable case laws and applying the same to the evidence, the court enters the following orders.

1. A decree is entered dissolving the marriage of the parties on the grounds of an irretrievable breakdown.

2. No alimony is awarded to either party.

3. Each party shall retain possession of and are entitled to all personal property, household goods and possession now under their possession and control free and clear from any claim by the other.

4. Each party shall retain the ownership of any bank accounts, including savings and checking accounts as may be listed on their respective financial affidavits, free and clear of any claim of the other party.

5. The plaintiff and the defendant shall be solely responsible for their own medical insurance at their own expense and each party shall be entitled to any medical insurance benefits that may exist under COBRA at their expense for the maximum period allowed by law

6. The plaintiff shall have her maiden name of Lisa Sue Albertus restored.

Graziani, Judge

Graziani, Edward C., J.