Limited Divorce and moving spouse out of the home

In Maryland you may file for a limited divorce upon proof of several grounds that are available. One such ground is constructive desertion. Pursuant to a string of cases in Maryland Scheinin; Mower; and Ricketts it is possible to file for limited divorce while you still reside under the same roof with your spouse. In the event you have minor children with your spouse it is possible for the court to award custody, visitation and child support even while on the parties live under the same roof. None of the above-mentioned cases address the court's authority to issue a use and possession order. However pursuant to the relief available under a limited divorce it is possible once you are awarded custody to secure a use and possession order pursuant to the limited divorce see FL 8-207, 11-101 alimony on limited divorce) . As such it is possible to remove your spouse from the marital home provided you can establish constructive desertion as your grounds for a limited divorce and you were awarded custody of the minor children. Constructive desertion appears in cases where marital relationships have ended and the parties while living under the same roof occupy separate bedrooms. As part of the proof it is also necessary to establish that the plaintiff has made an effort at reconciliation which has been denied. It is also necessary to establish by corroborating evidence that the separation has taken place.