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TORRES v. McCLAIN

No. COA99-1166.

535 S.E.2d 623 (2000)

Luchia TORRES, Plaintiff, v. Robert A. McCLAIN, Defendant.

Court of Appeals of North Carolina.

October 3, 2000.

Attorney(s) appearing for the Case

Law Offices of Mark E. Sullivan, P.A., by Mark E. Sullivan, Nancy L. Grace and Deborah Sandlin-Brockmann, Raleigh, for plaintiff-appellee.

Ellis, Hooper, Warlick & Morgan, L.L.P., by Victor H.E. Morgan, Jr., Jacksonville, for defendant-appellant.

EAGLES, Chief Judge.

Luchia Torres (plaintiff) and Robert McClain (defendant) were married on 14 June 1975. On 1 June 1976, defendant joined the United States Marine Corps. The parties had two children during their marriage: Allyson R. McClain, born 30 January 1977, and Debrah L. McClain, born 5 January 1979.

In 1988, while stationed in Okinawa, Japan, the parties executed a separation agreement containing an Illinois choice of law provision. Although stationed...

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