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KELLY v. KELLY

No. 2 CA-CV 88-0239.

160 Ariz. 487 (1989)

774 P.2d 226

Virginia E. KELLY, now by marriage, Virginia E. Gurland, Petitioner/Appellant/Cross-Appellee, v. Stephen KELLY, Respondent/Appellee/Cross-Appellant.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied June 20, 1989.

Attorney(s) appearing for the Case

Lieberthal & Kashman, P.C. by Howard A. Kashman, Tucson, for petitioner/appellant/cross-appellee.

Richard E. Frederick, Tucson, for respondent/appellee/cross-appellant.

OPINION

FERNANDEZ, Judge.

The issues raised in this appeal and cross-appeal involve a former spouse's right to share in military retirement benefits and application of the doctrine of laches to preclude the recovery of past benefits.

Stephen Kelly was married to Virginia Kelly, now Gurland, for 16 of the 20 years he was on active duty in the Air Force. He retired in February 1974 and began receiving military retirement benefits. In December 1977, Kelly...

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