Amazing New Developement

Case: Robert M. Ricketts Jr. v. Mary C. Ricketts, CA No. 136. Opinion byBell, C. J. Filed July 28, 2006. Issue: Can a husband maintain an action fora limited divorce based on constructive desertion based on lack of maritalrelations where the parties continue to live under the same roof, inseparate bedrooms and without cohabitation? May a complaint for custody andvisitation be maintained?

Holding: Yes; judgment reversed and case remanded.The circuit court should not have dismissed the husband's complaint, asconstructive desertion may occur where both parties continue to live underthe same roof. Further, the circuit court has jurisdiction and power todetermine the custody, visitation and support of the children. Counsel:Richard D. Rosenthal for appellant; William P. Englehart Jr. for appellee.

This is a significant departure in Maryland Divorce cases as generally most judges will not entertain a hearing on limited divorce when the parties are still under the same roof. Now according to this case Maryland Judges can entertain the limited divorce when constructive desertion is the grounds.

Alimony In Maryland

Alimony: The claim for alimony is based upon financial need of the party requesting alimony and the financial ability of the other party to pay. Alimony can be either temporary, permanent or indefinite. Typically, in Maryland the Court's will award alimony as rehabilitative alimony. This means the award will be designed to give the non-financially dominant spouse some amount of money for a specific period of time in an effort to allow that spouse to make the adjustment from married to single.

The Law Offices Of Keith Blair Bartnik, P.A.

Keith Blair Bartnik, P.A., is a Maryland attorney dedicated to providing the highest quality legal service to his clients. This Maryland lawyer has represented clients in all manner of personal injury, automobile accidents, divorce, workers' compensation injuries and criminal law matters. Personal injury cases have ranged from soft tissue injuries, to death cases, and serious, permanent injury cases. There is no greater tragedy then the loss of a child as a result of the careless acts of a negligent driver. Mr. Bartnik has represented families suffering these horrible damages. The same sense of devastation is often true of the serious permanent injuries. Mr. Bartnik has experience representing people whose lives have been changed as a result of the careless conduct of negligent drivers. Additionally, Mr. Bartnik has an extensive background in representing clients in work related injuries and workers' compensation claims, encompassing both unintended injury and occupational decease.
Mr. Bartnik's practice also encompasses Maryland family law matters involving custody, visitation, child support, divorce, marital property and alimony. When you are able to resolve the issues of your divorce by agreement we have the experience and know how to be sure your rights and interest are protected. If you have to go to Court to resolve the issues Mr. Bartnik's trial experience will be your best asset.
I am more then happy to discuss your case over the phone. And I will do so at no cost to you. Please feel free to call. 1-888-760-7339