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NEWPORT v. NEWPORT

Record No. 761489.

245 S.E.2d 134 (1978)

Elswick NEWPORT v. Flora NEWPORT.

Supreme Court of Virginia.

June 9, 1978.

Attorney(s) appearing for the Case

Robert E. Swan, Fairfax, for appellant.

Joseph L. Duvall, Vienna (Geo. P. Blackburn, Jr., Duvall, Tate & Bywater, Ltd., Vienna, on brief), for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

HARRISON, Justice.

The issue here is whether in Virginia a wife's right to alimony survives an absolute divorce obtained by the husband in an ex parte proceeding in another state.

Elswick Newport and Flora Newport were married in 1947 and moved to Virginia in 1966. The husband, while stationed in Vietnam from April to November, 1972, wrote his wife that he intended to divorce her. Upon his return to the United States Elswick Newport established his...

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