Estin v. Estin

334 U.S. 541 (1948)

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Nature of the Case

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Facts

H and W were married in 1937 and lived in New York until 1942 when H left W. In 1943, W sued for separation. H entered a general appearance. The court found that H had abandoned her, granted her a decree of separation, and awarded her $180 per month as permanent alimony. In 1944, H went to Nevada and instituted this action for divorce. W was put on notice by constructive service but made no appearance. Nevada granted H an absolute decree on the grounds of three years of separation and no cohabitation. Nevada found that D was a resident of the state. The Nevada decree provided no alimony. Nevada was aware of the New York decree. H then ceased making his payments. W instituted a proceeding in New York for payments past due and H moved to eliminate alimony payments based on the Nevada decree. The New York court denied that relief and granted W's motion for arrears. The New York court also found that H was a citizen of Nevada. This appeal resulted.