David L. Trudeau v. Jennifer T. Trudeau (2016)

MEMORANDUM OF DECISION

This is an action commenced by the plaintiff husband dated June 19, 2015 and made returnable to this court on August 25, 2015 seeking a dissolution of marriage and a fair division of property and debts.  The defendant wife filed an appearance in this matter.  The matter was tried to the court on February 4, 2016.  Both the plaintiff and the defendant were present for the trial.  Testimony was received from the plaintiff and the defendant.  Each party filed financial affidavits with the court.

From the testimony and the 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 March 27, 2010 in Mansfield, Connecticut.  There have been no children who are issue of the marriage.  The parties have resided in the State of Connecticut for more than one year immediately prior to the filing of the complaint.  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 forty-two years old and in good health.  He is a high school graduate, attended trade school and prior to his incarceration in January 2015, he was an electrician for seven working for the State of Connecticut earning a base salary of approximately $55,000.00 and with overtime had earned at times $60,000.00 or $70,000.00 per year at times.

The plaintiff has pending criminal charges against him in the case of State of Connecticut v. David Trudeau, Docket Number WWM–CR15–0155055–T and is being held on a $500,000.00 bond for alleged violation of the following statutes.

1. 53a–71(a)(1) Sex 2, Victim 13–15 years, Class B felony alleged to have occurred on January 1, 2011.

2. 53–21, Risk of injury to a child, Class C felony, alleged to have occurred on January 1, 2011.

3. 53a–70(a)(2), Sex 1, Victim less than 13 years, Class A felony alleged to have occurred on January 1, 2012.

4. 53a–71(a)(1), Sex 1, Victim 13–15 years, Class B felony, alleged to have occurred on October 22, 2014.

5. 53–21, Risk of injury to a child, Class C felony, alleged to have occurred on January 1, 2012.

6. 53a–71(a)(1), Sex 2, Victim 13–15 years, Class B felony, alleged to have occurred on January 13, 2015.

7. 53–21, Risk of injury to a child, Class C felony, alleged to have occurred on January 13, 2015.

The alleged victims of the plaintiff's criminal charges are the children of his wife, the defendant from another relationship.

The plaintiff has been incarcerated continuously since January 14, 2015.  Aside from a very short time of still receiving income after his incarceration for unused sick and vacation time from his employment with the State of Connecticut, the plaintiff has not had any income for approximately one year and the continued payment of the first mortgage, second mortgage, and living expenses fell solely on the defendant wife.  The plaintiff's incarceration caused the marital income to decrease at least $55,000.00 gross for the last year without overtime to the plaintiff.

The plaintiff attributes the breakdown of the marriage to the drinking problems that both parties had along with some contribution from him for the criminal charges against him that are pending against him.  He acknowledged that the alleged victims are the children of the defendant from another relationship.

The defendant is thirty-nine years old, and is in good health.  Her education includes graduating from high school and some college.  She currently works as a pharmacy technician for a supermarket grossing approximately $20.00 an hour.  The defendant has worked at said employment for the past twenty-four years.  She also receives child support income from a prior relationship.  She purchased the marital home in Scotland Connecticut prior to her current marriage in December of 1998 with her ex-husband from a prior relationship.  She testified that her ex-husband, upon the payment of $10,000.00 quitclaimed his interest to the defendant upon which she quitclaimed one-half of said property to the plaintiff before she married him in 2010.  In February 10, 2015, the plaintiff's mother, who had a power of attorney from the plaintiff, quitclaimed the plaintiff's interest in the family marital home to the defendant.  At the time of the dissolution of marriage trial, the title to the marital home in Scotland Connecticut was solely in the name of the defendant which she values at $135,000.00 and the court so finds.  The property is subject to a first mortgage and a home equity line of credit that both total approximately $111,335.00 that the defendant has been paying by herself since the incarceration of the plaintiff.  She currently resides in the premises with her three children from a prior relationship.

The defendant attributes the breakdown of the marriage to her belief that the plaintiff subjected her three minor children to sexual crimes that resulted in his being arrested on the charges previously detailed in this decision.  She also attributed the breakdown of the marriage to the plaintiff's drinking and other personal issues.

The defendant also made arrangements to have some of the personal property of the plaintiff given to him.  As to her retirement benefits, the benefits were the result of her employment for the past twenty-four years and not just since she married the plaintiff.

The court finds that the breakdown of the marriage was caused by the plaintiff.  He is currently facing criminal charges on seven different felonies and has been incarcerated for the past year for allegedly sexually assaulting the defendant's children from a prior relationship.  His incarceration also placed the defendant in the difficult position of not being able to rely on the plaintiff for any income to maintain the marital home.  The plaintiff has already lost a contribution of marital income of at least $55,000.00 and potentially more income if he were to receive overtime.

The plaintiff has a higher income capacity than the defendant until his actions resulting in his incarceration presents a very adverse financial impact on the marital finances as well as destroying the marital relationship with his wife.

After taking into consideration the statutory criteria set forth in the Connecticut General Statutes as well as the applicable case law 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. The court does not award alimony to either party.

3. The plaintiff and the defendant shall each be responsible for their own medical insurance at their own expense.

4. The plaintiff shall retain ownership of the 2005 Ford automobile free and clear of any claims of the defendant and shall assume all liabilities on said automobile including but not limited to taxes and insurance.  The plaintiff shall make arrangements to have the automobile removed from the property owned by the defendant within 45 days of this judgment.  If the plaintiff does not take said property within 45 days of this judgment, the property may be disposed of by the defendant as she sees fit.  The plaintiff must obey any criminal protective orders placed against him and is not relieved of said obligation as a result of this order.

5. The defendant shall retain ownership of the 2001 Chevy Silverado automobile free and clear of any claims of the plaintiff and shall assume all liabilities on said automobile including but not limited to taxes and insurance.

6. The defendant shall retain ownership of the real estate known as 45 Kasacek Road, Scotland, Connecticut, free and clear of any interest of the plaintiff.  The defendant shall be responsible for the first mortgage on said property as well as the home equity mortgage on said property to First Niagara and shall be solely responsible for real estate taxes, insurance and other costs associated with the property.  The defendant shall be entitled to all mortgage interest deductions and all real estate tax deductions for said property.  The defendant shall be responsible for all expenses associated with said property.

7. The defendant shall be entitled to any pension/profit sharing/retirement benefits/401k/Keogh or any other savings or retirement accounts by virtue of her employment at Stop and Shop, free and clear of any interest of the plaintiff.

8. The plaintiff shall retain ownership of the bank and savings accounts as listed on his financial affidavit, free and clear of any interest of the defendant.

9. The defendant shall retain ownership of the bank and savings accounts as listed on her financial affidavit, free and clear of any interest of the plaintiff.

10. The plaintiff ownership of the Rotor Tiller, one of the two chest freezers as selected by the defendant at her sole discretion, one hutch as selected by the defendant at her sole discretion, one ladder as selected by the defendant at her sole discretion, and any other personal the defendant, at her sole discretion gives to the plaintiff.  The plaintiff shall make arrangements to have said personal property removed from the defendant's property within 45 days of this judgment.  The plaintiff must obey any criminal protective orders placed against him and is not relieved of said protective orders as a result of this order.  If the plaintiff does not take said property within 45 days of this judgment, the property may be disposed of by the defendant as she sees fit.

All other personal property, including but not limited to the generator, snow blower, dump trailer, furniture, beds and dressers, washer and dryer, any remaining chest freezers after giving one to the plaintiff, lawn mower, weed whacker, back pack blower, stove, refrigerator, kitchen table and chairs, any remaining hutches after giving one to the plaintiff, ladders, after giving one to the plaintiff, hand tools, electric power saws, power tools, drills, skill-saws, dishwasher, outdoor wood furnace, chickens, coop and pen, dog and any remaining household goods, furnishings and possession now under the defendant possession and control shall belong to the defendant, free and clear of any claim of the plaintiff.

11. The plaintiff shall be solely responsible for the Capital One Credit card debt as listed on his financial affidavit.

12. The defendant shall be solely responsible for the Amazon Credit debt, and the Kohl's debts as listed on her financial affidavit.  The defendant shall also be responsible for the Connecticut State Employees Credit Union debt in the approximate amount of $8,000.00.  This is in addition to the mortgage and the home equity loan debt previously ordered herein.

13. The defendant's birth name of Jennifer Teresa Hadam is hereby restored.

14. Each party shall promptly execute all documents necessary to effectuate these orders.

Graziani, Judge of the Superior Court

Graziani, Edward C., J.