Ch. 699                              MARVIN MANDEL, Governor                                 1473

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

MARYLAND, That Section 24 of Article 16 of the Annotated Code of Maryland
(1966 Replacement Volume and 1972 Interim Supplement), title "Chancery,"
subtitle "Divorce and Annulment," be and it is hereby repealed and re-enacted,
with amendments, [[and that new Section 24A be and it is hereby added to said
article, title, and subtitle, to follow immediately after Section 24 thereof, and all]]
to read as follows:

24.

Upon a hearing of any bill for a divorce, the court may decree a divorce a
vinculo matrimonii for the following causes, to wit: First, the impotence of either
party at the time of the marriage; secondly, for any cause which by the laws of this
State, render a marriage null and void ab initio; thirdly, for adultery; fourthly,
when the court shall be satisfied by competent testimony that the party complained
against has abandoned the party complaining, and that such abandonment has
continued uninterruptedly for at least [[eighteen]] TWELVE months, and is
deliberate and final, and the separation of the parties beyond any reasonable
expectation of reconciliation; fifthly, when the husband and wife shall have
voluntarily lived separate and apart, without any cohabitation, for [eighteen]
TWELVE consecutive months prior to the filing of the bill of complaint, and such
separation is beyond any reasonable expectation of reconciliation; sixthly, when the
party complained against has been convicted of a felony or misdemeanor under the
laws of this State or of any other state in the United States, or the United States
and has been sentenced to serve at least three years or an indeterminate sentence in
any penitentiary or penal institution eighteen months of which sentence has been
served; seventhly, on the application of either party when the husband and wife
have lived separate and apart without any cohabitation and without interruption
for [five] [[TWO]] [[FOUR]] THREE years. A plea of res adjudicata or of
recrimination with respect to any other provisions of this section shall not be a bar
to either party obtaining a divorce [of] ON this seventh ground. [When a divorce
is granted on this seventh ground, the court, in the absence of a bona fide property
division agreement between the parties, which it may exercise on the application of
either party, may divide and distribute between the parties, all their property, real,
personal or mixed, over which the court has jurisdiction. The amount and
proportion of the property to be divided and distributed shall be in the sound
discretion of the court as just and equitable considering all the circumstances of the
case.]

[[24A.

WHEN A DIVORCE IS GRANTED ON THIS SEVENTH GROUND, THE
COURT, IN THE ABSENCE OF A BONA FIDE PROPERTY DIVISION
AGREEMENT BETWEEN THE PARTIES, WHICH IT MAY EXERCISE
ON THE APPLICATION OF EITHER PARTY, MAY DIVIDE AND
DISTRIBUTE BETWEEN THE PARTIES, ALL THEIR PROPERTY, REAL,
PERSONAL OR MIXED, OVER WHICH THE COURT HAS
JURISDICTION. THE AMOUNT AND PROPORTION OF THE
PROPERTY TO BE DIVIDED AND DISTRIBUTED SHALL BE IN THE
SOUND DISCRETION OF THE COURT AS JUST AND EQUITABLE
CONSIDERING ALL THE CIRCUMSTANCES OF THE CASE.

SECTION 2. AND BE IT FURTHER ENACTED, That Section 24A of this
Act applies to cases instituted under the seventh ground for divorce after the
effective date of this Act.]]