2068

LAWS OF MARYLAND

Ch. 296

RECRIMINATION IS NOT A BAR TO EITHER PARTY OBTAINING AN
ABSOLUTE DIVORCE ON THE GROUNDS SET FORTH IN SUBSECTION (A)(1)
THROUGH (5) OF THIS SECTION, BUT IS A FACTOR TO BE CONSIDERED BY
THE COURT IN A CASE INVOLVING THE GROUND OF ADULTERY.

(C)  RES JUDICATA.

RES JUDICATA WITH RESPECT TO ANOTHER GROUND UNDER THIS
SECTION IS NOT A BAR TO EITHER PARTY OBTAINING AN ABSOLUTE
DIVORCE ON THE GROUND OF 2-YEAR SEPARATION.

(D)  CONDONATION.

CONDONATION IS NOT AN ABSOLUTE BAR TO A DECREE OF AN
ABSOLUTE DIVORCE ON THE GROUND OF ADULTERY, BUT IS A FACTOR TO BE
CONSIDERED BY THE COURT IN DETERMINING WHETHER THE DIVORCE SHOULD
BE DECREED.

(E)  EFFECT OF A LIMITED DIVORCE ON BILL OF COMPLAINT FOR
ABSOLUTE DIVORCE.

(1)  A COURT MAY DECREE AN ABSOLUTE DIVORCE EVEN IF A
PARTY HAS OBTAINED A LIMITED DIVORCE.

(2)   IF A PARTY OBTAINED A LIMITED DIVORCE ON THE
GROUND OF DESERTION THAT AT THE TIME OF THE DECREE DID NOT MEET
THE REQUIREMENTS OF SUBSECTION (A)(2) OF THIS SECTION, THE PARTY
MAY OBTAIN AN ABSOLUTE DIVORCE ON THE GROUND OF DESERTION WHEN
THE DESERTION MEETS THE REQUIREMENTS OF SUBSECTION (A)(2) OF THIS
SECTION.

REVISOR'S NOTE: Subsection (a)(1) through (5) of this
section is new language derived without substantive
change from the first sentence of former Article 16, §
24.

Subsection (a)(6) of this section is new language
derived without substantive change from former Article
16, § 26.

Subsections (b) and (c) of this section are new
language derived without substantive change from the
second sentence of former Article 16, § 24.

Subsection (d) of this section formerly appeared as
the third sentence of former Article 16, § 24.

Subsection (e) of this section is new language derived
without substantive change from former Article 16, §
31.

In subsection (a) of this section, the former
reference to "a hearing of any bill for a divorce" is
deleted as unnecessary in light of the provisions of §
l-203(c) of this article.