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1498 LAWS OF MARYLAND Ch. 491
ON THE GROUND OF ADULTERY, BUT IS A FACTOR FOR THE COURT TO
CONSIDER IN DETERMINING WHETHER A DIVORCE SHOULD BE GRANTED.
25.
Divorces a mensa et thoro may be decreed for the following
causes, to wit: First, cruelty of treatment; secondly,
excessively vicious conduct; thirdly, abandonment and desertion;
fourthly, the voluntary living separate and apart of husband and
wife, without cohabitation, when such separation is beyond any
reasonable expectation of reconciliation; and the court may
decree such divorces forever, or for a limited time; and in all
cases where divorce a mensa et thoro is decreed it may be revoked
at any time thereafter by the court granting the same, upon the
joint application of the parties to be discharged from the
operation of the decree; and the court may decree a divorce a
mensa et thoro in cases where a divorce a vinculo matrimonii is
prayed, if the causes proved be sufficient to entitle the party
to the same; and in all cases where a divorce is decreed, the
court passing the same shall have full power to award to the wife
such property or estate as she had when married, or the value of
the same, or of such part thereof as may have been sold or
converted by the husband, having regard to the circumstances of
the husband at the time of the divorce, or such part of any such
property as the court may deem reasonable; and shall also have
power in all cases in which the care and custody of the children
of parties forms part of the relief prayed whether a divorce is
decreed or denied to order and direct who shall have the
guardianship and custody of the children pendente lite or
permanently, and be charged with their support and maintenance
and may at any time thereafter annul, vary or modify such order
in relation to the children. AS A CONDITION PRECEDENT TO ISSUING
A DIVORCE A MENSA ET THORO, THE COURT MAY REQUIRE THE PARTIES TO
PARTICIPATE IN GOOD FAITH IN SUCH EFFORTS TO ACHIEVE
RECONCILIATION AS THE COURT MAY PRESCRIBE AND ASSESS THE COSTS OF
ANY PRESCRIBED EFFORTS TO ACHIEVE RECONCILIATION.
26.
A divorce a vinculo matrimonii may be granted when either
husband or wife has become permanently and incurably insane,
provided that no divorce shall be granted under this section
unless such permanently incurable insane person shall have been
confined in an insane asylum, hospital or other similar
institution for a period of not less than three years prior to
the filing of the bill of complaint, nor unless the court shall
find from the testimony of two or more physicians competent in
psychiatry that such insanity is permanently incurable with no
hope of recovery, and provided further, that no such suit shall
be maintained unless one of the parties is an actual resident of
this State and shall have resided therein for at least two years
immediately prior to the institution of the proceedings.
[In cases arising under this section, the court shall
possess all powers which courts of equity now have, or which may
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