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parties in the pleadings or otherwise, the following
facts: that the parties are sui juris and neither is
incarcerated, that the defendant is a member of the
Armed Forces of the United States and is represented by
counsel; that the parties were lawfully married in New
Melle, Missouri, on July 11, 1970; that there were two
children born of this marriage * * * ; that the
complainant was both domiciled in Virginia and an
actual good faith resident of Virginia on the date that
this suit was instituted and for more than six months
next preceding said date; * * * that this Court has
jurisdiction over the subject matter; that the venue is
proper; that the written stipulation between the
parties should be affirmed by the Court and
incorporated in this decree by reference; and that the
report of said Commissioner should be confirmed in its
entirety.
WHEREFORE the Court doth ADJUDGE, ORDER and DECREE
that * * * the defendant be, and he is herewith,
divorced from the complainant from the bonds of
matrimony * * *
* * * * * * *
The Court doth further ADJUDGE, ORDER and DECREE
that the complainant and the defendant both be denied
spousal support.
The referenced stipulation (the stipulation) provides in
relevant part as follows:
21. The husband covenants and agrees that upon his
retirement from the United States Navy, he will
immediately take whatever steps are necessary to
provide for the wife thirty-seven and 50/100 (37.50)
percent of his retirement funds, in allotment form, to
be paid to her on a monthly basis at the same time he
receives his sixty-two and 50/100 (62.50) percent
portion thereof. He further covenants to participate
in the Survivor Benefit Plan in order for the wife to
be entitled to her thirty-seven and 50/100 (37.50)
percent share of his retirement until such time as she
dies. The retirement payments to wife shall continue
until her death notwithstanding the death of the
husband.
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