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Conflicts Keyed to Currie
Estin v. Estin
Facts
Mr. Estin (Defendant) and Mrs. Estin (Plaintiff) were lawfully married in New York but Mrs. Estin (Plaintiff) then sought and received a judgment of separate maintenance and permanent alimony from Mr. Estin (Defendant) in a New York court where Defendant made a general appearance. Defendant began making the ordered alimony payments and moved his residence to Nevada where he established domicile. He then obtained an ex parte divorce in Nevada, which made no provision for alimony. Plaintiff was served by constructive notice, no personal service being made on her. She did not make an appearance in the Nevada action. Following the divorce, Defendant stopped making the alimony payments and Plaintiff sought to enforce payment. Defendant appeared in the New York proceeding and claimed the Nevada divorce as a defense to paying further alimony. The New York trial and appellate courts denied his defense and he appealed, alleging failure to give full faith and credit.
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