Divito v. Divito

822 A.2d 294, 77 Conn. App. 124, 2003 Conn. App. LEXIS 234
CourtConnecticut Appellate Court
DecidedMay 27, 2003
DocketAC 22445
StatusPublished
Cited by23 cases

This text of 822 A.2d 294 (Divito v. Divito) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Divito v. Divito, 822 A.2d 294, 77 Conn. App. 124, 2003 Conn. App. LEXIS 234 (Colo. Ct. App. 2003).

Opinion

Opinion

DRANGINIS, J.

The defendant, Brian DiVito, appeals from the judgment of the trial court dissolving his marriage to the plaintiff, Judy DiVito. On appeal, the defendant claims that the court improperly (1) awarded the plaintiff twice as much equity as the defendant in two parcels of real estate after indicating that it intended to divide the real estate equally between the parties, (2) found that the parties had agreed on the value of the defendant’s one-half interest in one parcel of real estate, (3) allowed extensive dialogue by counsel for [126]*126the parties during the defendant’s case, which prevented the defendant from presenting his case and (4) found that the defendant had had an extramarital affair. We affirm the judgment of the trial court.

The following facts are relevant to our resolution of the defendant’s appeal. On September 7, 2000, the plaintiff filed for a dissolution of the marriage on the ground of irretrievable breakdown. A trial was held on September 26, 2001, and on October 11, 2001, the court issued a memorandum of decision in which it rendered judgment dissolving the marriage of the parties on that ground.

In its memorandum of decision, the court also made the following findings of fact. The parties were married in Naugatuck on April 22,1978. At the time of the dissolution, there were two adult children issue of the marriage, both of whom resided in the marital home with the plaintiff. Prior to the marriage, the plaintiff earned a bachelor’s degree from Southern Connecticut State University. She worked as a schoolteacher at the time the parties were married. After the children were bom, the plaintiff ceased working full-time and stayed at home to raise the children. When the children went to grade school, the plaintiff became employed for the borough of Naugatuck, where she worked for the next ten years as a full-time director of a child care program. The plaintiff claimed that while she was working in that position, she was subjected to harassment. The harassment was so severe that it ultimately caused her to resign. It also added a great deal of stress to the marriage. For the past two years, the plaintiff has been employed as a director of a child development program at Taft School in Watertown. In 1985, the plaintiff was diagnosed with cancer. She underwent two successful surgeries and has been cancer free since that time. At the time of the dissolution, the plaintiff was in generally good health.

[127]*127The defendant graduated from Central Connecticut State University with a bachelor’s degree in business. He has worked at a local bank throughout the marriage and, at the time of dissolution, was the bank manager. The court further found that both parties were responsible for the breakdown of the marriage, but that the defendant’s extramarital affair contributed more to the breakdown of the marriage.

Additionally, the court found that the parties had worked equally hard throughout the marriage to acquire the marital assets listed on their respective financial affidavits, including the marital home, which they purchased about one year after they were married. The parties agreed that at the time of dissolution, the market value of the marital home was $165,000 and was encumbered by a mortgage of $62,000 for a net total equity of $103,000. At that time, the defendant also had a one-half interest in his mother’s home at 67 Hickory Road in Naugatuck (Hickoiy Road property). That property had a market value of $130,000 and a mortgage of $26,000. The court found that the parties agreed that the defendant’s interest in that property was $52,000.

In the judgment of dissolution, the court issued orders concerning, inter alia, distribution of the marital assets of the parties, including the two parcels of real estate, the marital home and the Hickory Road property. Specifically, the court ordered the defendant to transfer his interest in the marital home to the plaintiff and ordered the plaintiff to hold the defendant harmless from any liability related to that property. Additionally, the court ordered the plaintiff to release any interest she may have had in the Hickory Road property to the defendant.

On October 30, 2001, the defendant filed a motion for reargument, clarification or articulation. In his motion, the defendant first contended that page seven [128]*128of the court’s October 11, 2001 memorandum of decision1 contemplated an equal division of the total equity in the two parcels of real estate, yet, the court awarded the plaintiff the marital home, which had $103,000 in equity and awarded the defendant the interest in the Hickory Road property, which had only $52,000 in equity. The defendant argued that the court, therefore, must have made a mathematical error in dividing the real estate. Second, he contended that the court improperly valued his one-half interest in the Hickory Road property. Third, the defendant contended that the court improperly determined that he had engaged in an extramarital affair and that the affair contributed more to the breakdown of the marriage than other factors, without first allowing the defendant to be heard on what he believed was the cause of the breakdown of the marriage.

On November 30, 2001, the court heard argument on the defendant’s motion for reargument, clarification or articulation. In its January 18, 2002 memorandum of decision on the defendant’s motion, the court elaborated on the rationale for its orders. The court explained that it awarded the plaintiff the marital home, not because of a mathematical error, but rather because it accepted the plaintiffs argument in her proposed order that she wanted to continue to live in the marital home [129]*129with the adult children because it was the only home they had known. The court noted that in coming to the conclusion that it did, it considered all of the relevant criteria set forth in General Statutes § 46b-81, including the length of the marriage, the monetary and nonmonetary contributions of the parties, and the fact that the defendant was more at fault for the breakdown of the marriage than the plaintiff. The court also found that the defendant’s interest in the Hickory Road property was $65,000.2 Finally, the court reiterated its previous finding that the defendant had been involved in an extramarital affair. The court also noted that it believed the plaintiffs testimony that the affair was the primary cause of the breakdown. This appeal followed. Additional facts will be set forth as necessary for the resolution of the defendant’s claims.

I

The defendant first claims that court improperly awarded the plaintiff twice as much equity as it awarded to the defendant in the two parcels of real estate after indicating during the trial that it intended to divide the real estate equally between the parties. In other words, the defendant claims that in its memorandum of decision, the court abused its discretion in awarding the marital home, the equity of which was $103,000, to the plaintiff and awarding the Hickory Road property, the equity of which was $52,000, to the defendant because the court had indicated, during the trial, that it would divide the real estate equally. The defendant further argues that the court’s division of the real estate was the result of a mathematical error of the kind that occurred in Ehrenkranz v. Ehrenkranz, 2 Conn. App. [130]*130416,

Related

Varoglu v. Sciarrino
196 A.3d 856 (Connecticut Appellate Court, 2018)
Conroy v. Idlibi
193 A.3d 663 (Connecticut Appellate Court, 2018)
Salmon v. Commissioner of Correction
177 A.3d 566 (Connecticut Appellate Court, 2017)
Jalbert v. Mulligan
Connecticut Appellate Court, 2014
Brett Stone Painting & Maintenance, LLC v. New England Bank
72 A.3d 1121 (Connecticut Appellate Court, 2013)
Bailey v. Lanou
54 A.3d 198 (Connecticut Appellate Court, 2012)
Hogan v. Lagosz
6 A.3d 112 (Connecticut Appellate Court, 2010)
Gravius v. Klein
3 A.3d 950 (Connecticut Appellate Court, 2010)
Remillard v. Remillard
999 A.2d 713 (Supreme Court of Connecticut, 2010)
Jay v. a & a VENTURES, LLC
984 A.2d 784 (Connecticut Appellate Court, 2009)
LaBossiere v. Jones
979 A.2d 522 (Connecticut Appellate Court, 2009)
Utzler v. Braca
972 A.2d 743 (Connecticut Appellate Court, 2009)
Somers v. Chan
955 A.2d 667 (Connecticut Appellate Court, 2008)
Crews v. Crews
945 A.2d 502 (Connecticut Appellate Court, 2008)
Yovino v. BIG BUBBA'S BBQ, LLC
896 A.2d 161 (Connecticut Superior Court, 2006)
Adams v. Adams
890 A.2d 575 (Connecticut Appellate Court, 2006)
Hartney v. Hartney
850 A.2d 1098 (Connecticut Appellate Court, 2004)
Greco v. Greco
847 A.2d 1017 (Connecticut Appellate Court, 2004)
Berube v. Nagle
841 A.2d 724 (Connecticut Appellate Court, 2004)
Bojila v. Shramko
836 A.2d 1207 (Connecticut Appellate Court, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
822 A.2d 294, 77 Conn. App. 124, 2003 Conn. App. LEXIS 234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/divito-v-divito-connappct-2003.