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Pickerell v. Pickerell

Superior Court of Connecticut, Judicial District of New London, Norwich

May 31, 2016

Jacob Pickerell
v.
Dae Pickerell Opinion No. 133800

          Judge (with first initial, no space for Sullivan, Dorsey, and Walsh): Diana, Leo V., J.

          MEMORANDUM OF DECISION

          Diana, J.

         This action seeks the dissolution of the parties' thirteen-year marriage. The action was commenced by a complaint dated April 5, 2015, filed on May 5, 2015 which was returnable to the court on May 19, 2015. The complaint was orally amended by agreement to correct the date of marriage to July 21, 2002.

         The parties appeared at trial on May 24, 2016, the plaintiff as a self-represented litigant and the defendant with counsel. The court considered the testimony, evidence and the financial affidavits of the parties, along with the provisions of General Statutes § § 46b-81 and 46b-82.

         As financial matters were in dispute in the contested dissolution trial, the court ordered the unsealing of the financial affidavits pursuant to Practice Book § 25-59A.

         Findings of Fact

         The court makes all of the following factual findings herein by a preponderance of evidence unless otherwise stated.

         The parties were married in Southold, New York on July 21, 2002 and separated in February 2015 when they were on vacation in Jamaica. Thereafter a TRO was filed by the plaintiff against the defendant but was not pursued on the May 8, 2015 hearing date.

         The plaintiff is a 39-year-old man with a high school degree (1995), he is in good health and currently working as a bike mechanic in New London earning $430.00 gross per week.

         The defendant is a 44-year-old woman, this is her second marriage, she received a BS Degree from an online college (2011), is in good health, and earns $1, 975.00 gross per week working in medical sales.

         The parties have considerable debt that is not being paid, the defendant paid the bills during the marriage after the parties deposited their pay into a joint account. The plaintiff described the defendant as the one who " wore the pants" in the relationship, he did not think his voice was heard. The parties lived in New York, Colorado, St. John and Connecticut during their relationship. The defendant traveled with her career, increasing her salary over the years. The plaintiff worked in maintenance and as a bike mechanic along with periods of unemployment. He lost his job with the town of East Lyme for missing work. The plaintiff never earned a lot of money, he was not concerned about expenses as the defendant took care of the finances.

         The parties own two timeshares with a total value of $12, 500.00, one in Florida the other in Colorado, a 2010 GMC Sierra truck with no equity, a rebuilt boat worth $10, 000.00 and the defendant's pension is valued at $40, 000.00. The total credit card debt of the parties is approximately $60, 000.00 and is not being paid.

         The court finds the parties to be credible. Their communication was strained prior to their separation, they attended counseling yet were to able to resolve their issues. They do however still care for each other. The defendant added the plaintiff to her insurance when she found out he lost his coverage after losing his job.

         The defendant had suspicions in the fall of 2014 that the plaintiff was having an affair with a neighbor, something he denied which she later confirmed to be true when she found them in bed together in April 2015. The plaintiff does not deny the relationship but claims it occurred after the parties' marriage was over. The court finds the ...


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