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- 1 - SEPARATION AND PROPERTY SETTLEMENT AGREEMENT WHEREAS, ________________________, and ________________________, hereinafter referred to as "Co-Petitioners", are now married; and WHEREAS, the parties desire to make a mutually acceptable settlement of their rights, liabilities, obligations and property rights arising out of and during the course of their marital relationship. No reconciliation is contemplated; and WHEREAS, ________________________ and/or ________________________, Co- Petitioners, is/are actual and bona fide resident(s) of _____________ County, Commonwealth of Kentucky, and was/were for more than one hundred eighty (180) days immediately prior to the commencement of this action; and WHEREAS, the Parties were lawfully married on _______ day of _______________, 20___ in _____________ County, ________________________; WHEREAS, there were no children born to or adopted by the Parties. Wife is not now pregnant; and WHEREAS, Co-Petitioners separated on _______ day of _______________, 20___, and from said date up to the present, the Parties have lived separate and apart without any cohabitation for at least sixty (60) days. The parties are entitled to a decree of dissolution of marriage on the grounds of irretrievable breakdown of the marriage with no reasonable prospect of reconciliation, pursuant to Kentucky Revised Statutes, Title 35, Chapter 403.170 et seq.; and WHEREAS, the Parties intend to file, or have filed, a Joint Petition for Dissolution of Marriage in this matter, and agree that the Court may award the Parties an uncontested Decree of Divorce and Judgment in this matter consistent with the terms of this Separation and Prop
s. Plaintiff's answer to defendant's motion to dismiss, filed on July 12, 2003, is premised on the above allegations. Pl. AFF. ¶ 1. Defendant raises and rebuts the specific and averable allegations of the complaint,, that plaintiff voluntarily gave up her property and became cohabitation with his partner without the consent of husband. Pl. AFF. ¶¶ 11-13. The parties have not responded to plaintiff's pleadings and have failed to raise to the court's satisfaction the affirmative defenses alleged against her. Plaintiff's cross-plaintiff has not raised any affirmative defenses. Defendant's motion to compel the reply of plaintiff's answer to defendant's cross-plaintiff's cross-claim is accordingly denied. Plaintiff's reply brief and cross-reply briefs have been filed, and the court will consider the briefs in making a determination of the motion to compel. The above-described motions were filed on July 12, 2003. The parties appear to be in an amicable and continuing relationship. Plaintiff appears to have obtained the support and financial assistance of many supporters, including a lawyer. Plaintiff testified that she plans to obtain her law degree from a community college. Plaintiff contends that she is presently and fully employed. Defendant responds on July 26, 2003, that while he has a full-time job, he is engaged at the “full-time salary" of 40 an hour. He is currently in part-time employment from July 19, 2003, and intends to obtain a full-time position soon. The parties have also agreed on the disposition of the divorce debt on the grounds that it is due to plaintiff. On august 18, 2003, two days after the court issued its judgment, Mr. Harris, a pastor and social activist, was arrested in connection with the murder of his teenage daughter. Mr. Harris testified that he had gone to Kentucky to seek the custody of his daughter. Mr. Harris had made the acquaintance of a woman who claimed knowledge of the facts of the case. After meeting with defendant, Mr. Harris met defendant and her husband at a local restaurant. The jury heard from evidence that mr. Harris was a victim of domestic violence upon his return to his home in California. During mr. Harris' testimony, he admitted that he was a person who was “often hurt," "often pushed around" and "often had issues with his kids.” his wife testified that she frequently witnessed her husband hit her and her.