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McDERMOTT v. McDERMOTT

No. 2 CA-CIV 3759.

129 Ariz. 76 (1981)

628 P.2d 959

John McDERMOTT, Petitioner/Appellant, v. Catherine McDERMOTT, Respondent/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 8, 1981.

Review Denied May 5, 1981.

Attorney(s) appearing for the Case

Lieberthal & Kashman, P.C. by David R. Ramage-White, Tucson, for petitioner/appellant.

Ann M. Haralambie, Tucson, for respondent/appellee.

OPINION

HOWARD, Judge.

Can the trial court award spousal maintenance absent a finding or evidence that the spouse is unable to support herself through appropriate employment? That is the issue on appeal.

The parties had been married approximately 9 1/2 years at the time of the divorce and had no children. Appellee, Catherine McDermott, is 30 years of age, an experienced teacher, and has a bachelor's degree in education and an Arizona teaching certificate...

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