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Ricketts v. Ricketts

903 A.2d 857 (Md. 2006)

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Ricketts v. Ricketts

Maryland Court of Appeals
903 A.2d 857 (Md. 2006)

Facts

Robert Ricketts (plaintiff) and Mary Ricketts (defendant) married in 1981 and subsequently had three children. The spouses’ relationship eventually deteriorated, and Mary forced Robert out of the marital bedroom and refused to engage in sexual relations. Robert and Mary continued to live together with their children but had separate bedrooms. In 2002, Robert filed a petition for a limited divorce, meaning a legal separation, on the basis of constructive desertion due to the lack of marital relations. Mary moved to dismiss the petition, arguing that constructive desertion did not apply because the spouses continued to live together. The trial court granted Mary’s motion to dismiss, and Robert appealed. While the appeal was pending, the Maryland Court of Appeals, the state’s highest court, granted certiorari to clarify the requirements for a limited divorce based on constructive desertion.

Rule of Law

Issue

Holding and Reasoning (Bell, C.J.)

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