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Duarte v. Duarte

Superior Court of Connecticut, Judicial District of Waterbury, Waterbury

August 21, 2015

Peter J. Duarte
v.
Deborah J. Duarte

MEMORANDUM OF DECISION

Irene P. Jacobs, J.

The trial in the above contested dissolution was held on April 17, 2015 and June 22, 2015. The parties represented themselves. Both parties testified. There were no documents entered into evidence with respect to the financial assets of either party. The court relies on the parties' testimony and financial affidavits in determining the values of each of the disclosed financial assets.

FINDINGS AND ORDERS

After reviewing the court file, the financial affidavits of the parties, and the Proposed Orders of the parties; after considering the statutory factors and applicable case law regarding alimony, health insurance, assignment of the marital estate and equitable distribution of property; and after having considered the testimony and demeanor of the parties at trial, the court finds and orders as follows:

FINDINGS

I. Jurisdiction

This dissolution action was commenced on October 17, 2014. The plaintiff resided in Connecticut for twelve months prior to the commencement of this action. Abode service was effectuated on October 20, 2014. All statutory stays have expired. The court has jurisdiction over this matter.

II. Marital History

The parties married on September 17, 1994 in Waterbury, Connecticut. There are no minor children issue of this marriage. Neither party has been a recipient of state or municipal assistance or financial support.

The plaintiff is currently 57 years of age and testified as to no significant health problems. At the time of the marriage, the plaintiff was self-employed and had an annual income of $16, 000.00. In 2008, he began working as a state judicial marshal, making a beginning annual salary of $32, 000.00. His current annual gross income from his employment, including overtime as disclosed on his financial affidavit, is approximately $57, 400.00.

The defendant is approximately 54 years of age. She testified that she has asthma. The defendant's level of education includes a high school diploma and a certificate from Stone Academy. At the time of the marriage, the defendant worked as an administrative assistant at Liberty Mutual. Her salary was $30, 000.000. She currently works part-time at Tax Invest and earns approximately $16, 000.00 annually.

III. Assets

A. Real Estate

The parties' marital home consists of the real property located at 15 Park Lane in Waterbury, CT and is jointly owned by the parties. The parties agree that the fair market value of the property is $115, 000.00. The parties agree that there is a $45, 000.00 mortgage and a $25, 000.00 equity line on the property, both of which are jointly held by the parties. The parties agree that there is $45, 000.00 in equity in the home. The plaintiff makes the mortgage payments. The defendant pays for some of the home's repair and upkeep costs.

The plaintiff and his sister currently jointly own property at 19 Camp in Waterbury. The plaintiff testified that the property was signed over to the plaintiff and his sister in the mid-1990s. The plaintiff estimates the property is worth approximately $100, 000.00. The plaintiff testified that there are no encumbrances on the property. Based on the plaintiff's financial affidavit and testimony that he receives a weekly income of $250.00 ...


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