Brady v. Brady
In Brady v. Brady, 151 W. Va. 900, 158 S.E.2d 359 (1967) the wife obtained a West Virginia separate maintenance order that required the husband to pay his wife $ 200.00 a month for maintenance.
The husband moved from West Virginia to Arkansas where he obtained an ex parte divorce following the wife's West Virginia separate maintenance action.
The divorce order entered by the Arkansas court in Brady, in conformity with the West Virginia separate maintenance order, ordered the husband to pay his ex-wife $ 200.00 per month in alimony.
After the entry of the Arkansas order, the husband stopped paying any money to his ex-wife. The wife then sought to enforce the separate maintenance order in West Virginia.
The Court held that the separate maintenance order had been superseded by the Arkansas divorce order because the wife had not attacked the Arkansas order on a jurisdictional basis.