Robert M. Ricketts, Jr. v. Mary C. Ricketts, 393 Md. 479

Summary

The Court of Appeals of Maryland held that a complaint for a limited divorce based on constructive desertion may proceed even when spouses continue to live under the same roof, provided the allegations otherwise state a claim. The court also held that a court may determine custody, visitation, and support notwithstanding the parents' continued co-residence. The judgment dismissing the complaint was reversed.

Holdings

1. A complaint for a limited divorce based on constructive desertion may be maintained when the spouses continue to live under the same roof, provided the pleaded facts, if proven, establish cessation of the marital relationship and the other elements of constructive desertion.
2. A Maryland equity court has jurisdiction and power to determine custody, visitation, and support even when the parents continue to live under the same roof and regardless of whether a limited divorce is granted.

Questions Presented

1. Whether a complaint for limited divorce alleging constructive desertion based on denial of marital relations may proceed when the spouses continue to live under the same roof but do not cohabit as husband and wife.
2. Whether a complaint seeking custody and visitation may proceed when the parents continue to live under the same roof.

Disposition

reversed_and_remanded