Porter v. Porter
A court can find one party at greater fault for the breakdown of the marital relationship, as a result of evidence that one spouse allegedly abandoned the other. The parties married in 2008 and do not have any children together. It was the second marriage for each. The wife claimed the husband went on a business trip in 2012 and failed to return home. Apparently, the wife used records from the husband's pharmacy to locate the husband in another state. The wife testified that the husband admitted that he met another woman. The husband denied that he was responsible for the breakdown of the marital relationship and testified that the wife requested that he bring a co-worker home for a threesome. The court credited the wife's testimony and found that the husband was involved in inappropriate sexual contact and extra marital relationships. The husband, wrote the court, was responsible for the breakdown of the marital relationship and "physically abandoned" the wife. The defendant husband, 47, worked as a combat medic in the army and currently receives $1,788 net per week from work training nurses and his military pension, plus disability pay of $280 per week. The plaintiff wife, 43, is a certified nurses' assistant and is not employed. The court ordered the husband to pay alimony of $425 per week, until the wife's death, marriage or June 5, 2014, whichever takes place first. The court ordered the husband to maintain $40,000 in life insurance, as long as he is obligated to pay alimony. The court awarded the husband the marital residence and ordered the husband to pay the wife $10,000, on or before Dec. 5, 2013. The court awarded the wife possession of the marital residence and ordered the wife to vacate the residence, on or before Feb. 1, 2013. The wife must inform the husband, one week before she vacates the premises. The court awarded the husband his pension, his disability pay and his IRA. The court ordered the husband to transfer $7,500 from his 401(k) to the wife. The court awarded the wife the Hyundai and the husband the Ford.