1. DIVORCE
Part I

2. Maryland Divorce Grounds Mixed Fault/No-Fault
Limited (7-102) Absolute (7-103)
Fault Fault
Adultery
Cruelty/Excessively Vicious Cruelty/Excessively Vicious Conduct Conduct
Desertion – actual or constructive Desertion – actual or constructive
Insanity
Conviction of a crime

3. Md Divorce Grounds – cont’d
Limited (7-102) Absolute (7-103)
No Fault No Fault
Voluntary separation Voluntary separation – 12 mos.
2 year separation

4. Defenses to Divorce Reconciliation – We agreed to divorce
but I offered to reconcile.
Recrimination – I did it, but so did she.
Condonation – I did it, but she forgave me.
Fault Era – bar to divorce
No-Fault Era – (2) & (3) are factors for adultery but not bar

5. Issues 1st Issue: Classify marital/non-marital (separate) property
Definition: All property acquired by H & W during marriage except gifts or inheritance (or traceable to either)

6. Issues – cont’d
2nd Issue:
What is value of marital property?

7. 3rd Issue: How to Divide:
Pre-1800’s: All property acquired during marriage = Husband
1800’s–1970’s: Common Law Rule = property distributed by TITLE
Modern Rule: Majority – Equitable Distribution
Minority – Community Property