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Conflict of Laws Keyed to Brilmayer
Estin v. Estin
Citation:
334 U.S. 541 (1948)Facts
Mr. and Mrs. Estin were married in 1937 and lived together in New York until 1942 when Mr. Estin left Mrs. Estin. In 1943, Plaintiff, Mrs. Estin, brought suit against Defendant, Mr. Estin, for separation in New York state court. Mr. Estin entered a general appearance. After finding that Mr. Estin had abandoned Mrs. Estin, the court granted her a decree of separation and awarded her $180.00 per month as permanent alimony.
In 1944, Mr. Estin went to Nevada and the following year he brought suit against Mrs. Estin in Nevada state court for divorce. She was notified via constructive service, but did not enter an appearance. In 1945, the Nevada court found that Mr. Estin was a bona fide resident of Nevada and granted him an absolute divorce. The divorce decree made no mention of alimony, although it had been advised of the New York separation decree.
Following the Nevada decree, Mr. Estin stopped paying alimony. As a result, Mrs. Estin brought suit in New York seeking a supplementary judgment for arrears. Mr. Estin appeared in the action and moved to eliminate the alimony provisions of the separation decree. The court denied Mr. Estins motion and granted Mrs. Estin judgment for the arrears. The court’s judgment was affirmed by the Appellate Division and the New York Court of Appeals. The U.S. Supreme Court granted Mr. Estin’s petition for certiorari.
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