HARRY HUGHES, Governor

1857

UNLESS THE COURT EXPRESSLY PROVIDES OTHERWISE, THE FILING OF
AN ACTION FOR AN ANNULMENT, A LIMITED DIVORCE, OR AN ABSOLUTE
DIVORCE DOES NOT CONSTITUTE LIS PENDENS WITH RESPECT TO ANY
PROPERTY OF A PARTY.

(C)  ORAL TESTIMONY REQUIRED IN ACTION FOR ALIMONY,
ANNULMENT, OR DIVORCE.

IN AN ACTION FOR ALIMONY, ANNULMENT, OR DIVORCE, A FINAL
DECREE MAY NOT BE ENTERED EXCEPT ON ORAL TESTIMONY BY THE
PLAINTIFF IN A HEARING BEFORE AN EXAMINER OR A MASTER OR IN OPEN
COURT.

(D)  ALIMONY.

AN EQUITY COURT SHALL HEAR AND DETERMINE A CASE FOR ALIMONY
IN AS FULL AND AMPLE A MANNER AS A CASE FOR ALIMONY COULD BE
HEARD AND DETERMINED BY THE ECCLESIASTICAL COURTS OF ENGLAND.

REVISOR'S NOTE: Subsection (a) of this section formerly
appeared as CJ § 3-603(b).

Subsection (b) of this section formerly appeared as CJ
§ 3-6A-08(b).

Subsection (c) of this section formerly appeared as CJ
§ 10-901.1.

Subsection (d) of this section formerly appeared as
the second sentence of CJ § 3-603(a).

In subsection (b) of this section, the former language
"whether or not specific relief under this subtitle is
requested" is deleted as unnecessary.

The only other changes are in style.

The Commission to Revise the Annotated Code notes, for
consideration by the General Assembly, that subsection
(c) of this section is vague. This subsection
requires oral testimony by the plaintiff before a
final decree can be entered for alimony, annulment, or
divorce. If this provision means that oral testimony
by the plaintiff is the only requirement for a divorce
decree, the provision is inconsistent with § 7-101 of
this article, which states that a divorce may not be
granted solely on the testimony of the plaintiff. The
General Assembly may wish to remedy this apparent
inconsistency.

TITLE 2. MARRIAGE.

SUBTITLE 1. DEFINITIONS.