Worthley v. Worthley

283 P.2d 19 (1955)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

H and W were married in New Jersey in March 1943, and separated in November 1946. In the action for separate maintenance H appeared personally and by counsel, and the decree ordered him to pay $9.00 a week for W's support. About ten months after the decree was entered, H left New Jersey for Nevada, and in March 1948 he commenced an action for divorce in that state. W was served in New Jersey with summons and a copy of the complaint in the Nevada action, she did not appear therein. The Nevada Court granted H a divorce. After the divorce H made no further payments to W. The Nevada decree contained no provision for alimony. W commenced this action in the Superior Court of Los Angeles County, the county of H's present residence. She alleged that the New Jersey decree 'has become final and has never been vacated, modified, or set aside' and that H is delinquent in his payments thereunder in the amount of $1,089. H alleged that the Nevada divorce decree had terminated his obligations under the earlier New Jersey separate maintenance decree. The trial court concluded that the Nevada decree dissolved the marriage and was therefore a bar to the maintenance of an action to enforce H's obligations under the New Jersey decree. W appealed.