Newport v. Newport

245 S.E. 2d 134 (1978)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

Elswick (H) and Flora (W) were married in 1947 and moved to Virginia in 1966. H was in Vietnam and wrote W that he intended to divorce her. Upon his return to the U.S., H moved to Nevada and was eventually awarded an ex parte divorce from W. W then filed a bill against H in Virginia for separate maintenance and support. H opposed that filing with the Nevada decree; dissolving the bonds of matrimony heretofore and now existing between the parties. The court accorded full faith and credit to the Nevada decree but held that the Nevada court did not have the power to adjudicate alimony between the parties and that the Nevada decree did not terminate W's rights if any to alimony. H appealed.

Issues

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Holding & Decision

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Legal Analysis

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