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.
Wednesday, August 02, 2006
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