The Court of Appeals found that the husband’s pattern of misconduct was not sufficient to support the wife’s claim of constructive desertion:“That her husband was indifferent and sarcastic towards her, told her that he ceased loving her, wanted her to leave and get a divorce, threatened to (but did not) stop paying the rent, packed her clothes on one occasion, may have been sufficient reasons in the eyes of the wife to justify her leaving but such conduct on the part of the husband . Actual desertion and constructive desertion serve as grounds for divorce in Maryland. Constructive desertion is grounds for a divorce in Maryland. 266, 282 (1994). The abandoned party has the grounds for the divorce. Flanagan v. Flanagan 181 Md.App. Family Law § 7-103(a)(2) provides that desertion is a grounds for divorce, if: Some examples of marital misconduct that have been applied to constructive desertion include willful refusal of sex, without just cause and nonperformance of other marital duties as to practically destroy the home life. 12 months Desertion (or Constructive Desertion). The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. For more info, call our Baltimore law firm at 443-589-0150, Spousal desertion can have legal ramifications. Thus, even though the victim-spouse leaves, the law treats the other spouse as the deserter--hence the term "constructive". Constructive desertion occurs when one party is forced to leave the home (or the marital bedroom) because of the misconduct of the other. Constructive desertion occurs when there is a pattern of gross misconduct that renders the continuation of the marriage … 136, September Term, 2003. In this situation, the offending spouse’s conduct has made it impossible for the other spouse to remain in the marital home. In Maryland, jurisdiction of the court to grant divorce 266, 281 (1994) (noting that constructive desertion as a grounds for divorce is rarely used due to the introduction of no-fault divorces of a voluntarily 1-year separation and involuntary 2-year separation in 1983). Herbert Myerberg, Constructive Desertion in Maryland, 10 M d. L. R ev. 193 (1949) ... Maryland Law Review Online; Receive Email Notices or RSS Select an issue: Constructive Abandonment This type of abandonment occurs if you are able to prove in a court that your spouse makes life unbearable and that your only option was to leave the marriage. 128 (1971), the even more egregious misconduct by the husband did not support the wife’s constructive desertion grounds for divorce:“[T]he husband told his wife he did not love her; struck her and knocked her to the floor on one occasion; was intoxicated and used vile language form time to time; his attitude towards her was cool and indifferent; he told her that he didn’t love her, never loved her and could not bring himself to kiss her. Maryland has several divorce grounds that would entitle an abused spouse to obtain a divorce: cruelty, excessively vicious conduct, and constructive desertion. That means one party has deliberately abandoned the relationship, by leaving the marriage without justification. Issue Number. Each case is unique and a skilled divorce lawyer in Maryland is your best source in a successful divorce. The case was instituted by the husband's original complaint for an a mensa divorce filed on July 24, 1968, two days after the alleged constructive desertion by the wife. Intentional Torts or Intentional Misconduct. Mutual Consent Divorce in Maryland Until October 1st, 2015, Parties needed to wait until they had been … Germantown, Maryland 20874 Copyright © 2014 - 2018. In the case of sexual relations, constructive abandonment means a spouse leaves the marriage in spirit by refusal to have sexual relations. Germantown, MD | Gaithersburg, MD | Boyds, MD | Damascus, MD | Poolesville, MD | Rockville, MD | Montgomery Village, MD | Kentlands TOWSON DIVORCE LAWYERS DISCUSS CONSTRUCTIVE DESERTION – AN EFFECTIVE TOOL - Read the Divorce legal blogs that have been posted by Gerard F. Miles on Lawyers.com To sustain the complaint successfully, one must alleged that the other spouse’s conduct rendered the marital relation intolerable and compelled him or her to leave. Criminal Nonsupport & Desertion in Maryland Family Law. 475, 482-83 (1974)); Murphy v. Murphy 248 Md. The “central issue is whether the offending conduct is so intolerable that the complaining spouse was justified in leaving”. Constructive desertion is defined as a situation where one spouse makes life in the marital home so intolerable for the other that the victim-spouse has no real choice but to leave. Lynch v. Lynch , 616 So. Huesman, Jones and Miles, LLC is responsible for the content of this website. Issue Number. If you feel there weren’t grounds for constructive desertion, you must contact a divorce lawyer in Maryland for legal help. Constructive abandonment is a form of abandonment used as a grounds for divorce, and it may also be considered a form of cruel and inhumane treatment. Constructive Desertion in Maryland. 10. People are familiar with the concept of desertion in a divorce action. Constructive desertion is leaving the marriage in a non-physical manner. Contested and Uncontested Divorce in Maryland, Transportation and Trucking Defense in Maryland, You no longer live with your spouse or engage in sexual relations, The deserting spouse intended to end the marriage, The deserted spouse did not consent to being deserted, The desertion lasted for a year or longer, Refusing sexual intercourse (typically the aggrieved partner must prove that they shared the same roof, not the same bed, with their partner for one year or more), Requiring a spouse to live with abusive or intrusive in-laws, Refusing to relocate to a new town or state. The courts distinguish between "constructive desertion" and "desertion", which (under desertion) is when one of the parties leaves without the intention of returning. Herbert Myerberg, Constructive Desertion in Maryland, 10 M d. L. R ev. Constructive desertion also requires proof of the above elements but the most common justification for constructive desertion is cruelty. Fax: 301-916-1201 What is meant by “constructive desertion” under Maryland Law? Commercial Litigation for Maryland Clients. Stewart A. Sutton recently represented a client whose spouse was adamant in obtaining a divorce on the grounds of constructive desertion. Unless the separation was or becomes a mutual decision, the remaining spouse’s grounds for divorce is actual desertion or the leaving spouse’s grounds for divorce is constructive desertion. The deserting spouse can be penalized by having to pay higher alimony, and it can also affect the division of property. Constructive Desertion. A husband or wife may engage in actual desertion by choosing to leave the marriage and family home or by ejecting the other spouse from the family home. If your partner’s misconduct has forced you to leave the marriage, you are the constructively deserted spouse. Misconduct that qualifies constructive desertion can include domestic violence and excessive emotional harassment. There is no certain amount of time needed to prove desertion in a limited divorce. Two of those grounds (desertion and voluntary separation) require that parties live separate and apart for a set period of time and the way that you separate can affect your property and custody claims. stewart.andrew.sutton@gmail.com. 272 (1969). 266, 282 (1994). That means one party has deliberately abandoned the relationship, by leaving the marriage without justification. Constructive Desertion in Maryland. The parties’ pre-nuptial agreement provided that the spouse would receive highly favorable alimony benefits if a divorce was granted on fault grounds. Constructive desertion is frequently used as a defense to actual desertion. Maryland divorce law does not make it easy to decide when and how you should move out of an unhealthy relationship. 24 months Separation (without agreement). Maryland courts have defined constructive desertion as conduct by one spouse that makes continuing the marriage a threat to the other's health, self-respect, or reasonable comfort. Adultery. Whether the desertion was actual or constructive, you must wait a year after the event of desertion before you file for an absolute divorce. Actual or Constructive Desertion; Actual Desertion; The voluntary separation of one of the married parties from the other, or the refusal to renew suspended cohabitation, without justification either in the consent or the wrongful conduct of the other party, with an intention to abandon. At mediation, the parties reached an agreement to obtain a divorce on the grounds of a 1-year separation and that the spouse would not receive any alimony. 455, 460 (1968)). My husband says he won't leave the marital home, won't sue for divorce, no litigation, no mediation, just an impasse for the past year. Posts about desertion written by eralawgroup. In Neff v. Neff 13 Md.App. Volume Number. (i) the desertion has continued for 12 months without interruption before the filing of the application for divorce; In fact, the decline of the use of these grounds for divorce started more than 30-years ago. 186, 192 (1972) (quoting Murphy v. Murphy 248 Md. Direct acts of physical violence may be enough, but some courts have held that solely from a legal standpoint, a single act of direct violence is not sufficient to warrant divorce on grounds of constructive desertion. The defense to actual desertion is constructive desertion. The use of these grounds for constructive desertion in Maryland, 10 M d. L. R ev desertion: desertion! Lawyers at 443-589-0150 or contact us online a legal separation but a “ limited divorce ” serves as a separation. 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