Hayden v. Ritter

902 A.2d 49, 2006 WL 1881604
CourtDelaware Family Court
DecidedJune 14, 2006
DocketFile No. CS03-07276; Petition No. 04-22620
StatusPublished
Cited by1 cases

This text of 902 A.2d 49 (Hayden v. Ritter) is published on Counsel Stack Legal Research, covering Delaware Family Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hayden v. Ritter, 902 A.2d 49, 2006 WL 1881604 (Del. Super. Ct. 2006).

Opinion

HENRIKSEN, Judge.

This is the Court’s Decision and Order on issues of property division, costs and attorney’s fees concerning the 18-1/2 year marriage of Marsha Hayden (wife) and Wayne Ritter (husband). Two children were born of the marriage who are now ages 20 and 17. In addition to the testimony of each of the parties, the Court heard the testimony of George A. Harrison, a marine surveyor, and Bob Ritter, Jr., the parties’ 20 year old son.

The parties married April 6, 1986, separated May 10, 2004, and divorced December 8, 2004. Both parties are in good health. Wife is 48 years of age, having been born June 24, 1957. Husband is 46 years of age, having been born October 25, 1959. For the past 2-1/2 years, wife has been working as a mapping technician for Sussex County, earning an annual income of $27,369. For the past 8 years, husband has been working as a superintendent for a contract company. His job requires considerable travel. His annual income, including an annual bonus, is $90,163.74. Husband is also reimbursed for his travel expenses through a per diem expense account.

Both parties were married previously, and both parties obtained a high school education. Husband had no children by his prior marriage. Wife had a daughter by her prior marriage, who lived with the parties for approximately 10 years during her minority. During that time, wife received child support from the child’s father.

Wife seeks a disproportionate division of marital property favoring wife in a ratio of 75%/25%. Husband seeks an equal division of property. However, at trial, husband clarified his earlier position by noting that it excluded certain items wife had already received. By including items wife had already received, and also considering husband’s greater contribution to the marriage by way of a sizable personal injury award he received and put into the joint assets of the parties, husband seeks a disproportionate division of marital property which favors wife in a ratio of 60/40.

At the conclusion of the hearing, the Court left open the record so wife could provide copies of her bank statements for an account held in her name alone for the months of May 2004 through and including September 2004. This information was to be obtained by wife and provided to husband’s counsel, with copies to the Court, at the earliest possible date. These account statements were necessary because wife indicated in her testimony that many of the monies she received from husband had been placed partially in a joint account held by the parties, and partially in her individual account. Wife then indicated that she paid certain of the parties’ marital expenses out of both of these accounts. Unfortunately, the Court was not provided with any proof or record of what had been paid from wife’s individual account. The Court also required that each of the parties provide memorandums to the Court which would comment specifically on the attorney’s observations made from a review of wife’s individually held account, as well as the information already in evidence as an exhibit regarding the jointly-held bank account statements. It was the Court’s hope that this would assist the Court in forming an opinion on the general allegations made by husband that wife had spent funds inappropriately, and also assist the Court in looking at husband’s accusation that wife had a reckless habit of spending money on herself, calling wife the “QVC Shopping Network Queen”. The [51]*51memorandums also contained each of the parties’ closing arguments summarizing the evidence presented and the basis for the outcome that each side desires.

At the close of the hearing, the Court announced certain findings of fact which were clear from the evidence presented. Thus, all parties agreed that the White Horse Beach residence would be awarded to husband with an agreed-upon value of $74,000.

The 29 foot Rampage boat would be listed for sale. Husband needs to make immediate efforts to ready the boat for sale by re-installing the engine he had taken out for repair. The marine surveyor testified that with the engine in the boat, the boat would have a value of $87,000, which was below the average value of $41,500. Having reviewed the marine surveyor’s report, having heard his testimony, and noting that the difference between what the surveyor would propose as the fair market value of the boat ($87,000) and what a boat of this age and type should value at ($41,500), the Court does not find the lesser value to be significant enough to make a finding that husband had dissipated the asset. The attorneys, with the assistance of the parties, shall agree upon an appropriate method to sell boat. Upon sale of the boat and the deduction of any necessary expenses of sale, the parties shall divide the net proceeds with 65% to wife and 35% to husband.

The Court also made a finding that wife would be awarded 78 Longaberger baskets at an average value of $50 each, for a total assigned value of $3,900. The Court understands that wife has already sold 26 of these baskets, for which she received $1,300. Wife has 52 more baskets. Out of these baskets, however, husband shall be entitled to pay wife $50 for the one basket which is autographed by Dave Longaber-ger. Wife shall deliver this particular basket to her attorney within 10 days of the mailing date of this Order, and husband shall have 10 days thereafter in which to advance the sum of $50 for the basket if he wishes to purchase the basket. Otherwise, husband shall forfeit his opportunity to buy this basket.

Having heard the testimony of each of the parties, as well as their 20 year old son, Wayne, the Court was of the opinion that the P.A. system was given to the parties’ son. Wife shall turn the P.A. system over to their son within 10 days of the mailing date of this Order. In making this decision, the Court had to judge the credibility of the testimony of each of the parties and Wayne. The Court did not always find wife’s testimony credible. It was difficult for the Court to believe that wife had no concept of how many pieces of jewelry she sold. Wife repeatedly answered that she sold her jewelry in bulk for the gold. The Court also had difficulty in believing wife’s testimony that she had nothing to do with having the parties’ joint income tax check mailed to the address of wife’s then boyfriend and now husband.

The Court awarded the 1997 Ford Explorer to wife with an assigned value of $5,850. The Court finds that the 1996 Chrysler Sebring was intended as a gift by the parties to their daughter. Husband eventually took the vehicle away from their daughter because he was not happy with her use of the vehicle. The $1,000 he received when he traded the vehicle in for the vehicle husband now drives is the property of the daughter. Husband owes his daughter the sum of $1,000.

The parties agreed that the band trailer was wife’s, with a value of $2,000. The parties also agreed that the camper was husband’s, with a value of $2,000.

Husband is awarded the value of $1,500 which he received for the sale of his guns.

[52]*52The parties also disagreed about whether they had divided their personal property. The parties shall divide their remaining personal property by the two list method. The list shall not include the Longaberger baskets or jewelry which wife previously sold. Wife shall be responsible for preparing the lists and presenting them to husband through the parties’ attorneys within 15 days of the mailing date of this Order, and husband shall have 15 days thereafter to select the list he desires.

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Bluebook (online)
902 A.2d 49, 2006 WL 1881604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayden-v-ritter-delfamct-2006.