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Session Laws, 1984
Volume 759, Page 2177   View pdf image
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HARRY HUGHES, Governor

2177

Director, 276 Md. 272 (1975). This revision is called
to the attention of the General Assembly.

Also in subsection (b) of this section, the word
"prosecuting" is substituted for the former word
"instituting" to clarify that expenses may be awarded
for all phases of a proceeding.

In subsection (e) of this section, the former phrase
"who may then enforce the order in his own name in
accordance with the Maryland Rules" is deleted as
unnecessary.

Defined terms: "Includes" § 1-101

"Proceeding" § 11-110

"Reasonable and necessary expense" § 11-110

11-111. AUTHORITY OF COURT IN CERTAIN CASES OF INSANITY.

WHEN GRANTING A LIMITED DIVORCE, AN ABSOLUTE DIVORCE, OR AN
ANNULMENT, IF THE COURT FINDS FROM THE TESTIMONY OF 2 OR MORE
PHYSICIANS COMPETENT IN PSYCHIATRY THAT 1 OF THE PARTIES IS
PERMANENTLY AND INCURABLY INSANE WITH NO HOPE OF RECOVERY, THEN,
NOTWITHSTANDING ANY AGREEMENT BETWEEN THE PARTIES, THE COURT MAY
REQUIRE A PARTY TO:

(1)  PAY ALIMONY OR SUPPORT FOR THE BENEFIT OF THE
INSANE PARTY;

(2)  PAY A LUMP SUM, BASED ON THE LIFE EXPECTANCY OF
THE INSANE PARTY AND THE FINANCIAL CONDITION OF THE OTHER PARTY,
TOGETHER WITH THE INSANE PARTY'S REASONABLE FUNERAL EXPENSES; OR

(3)  GIVE BOND TO THIS STATE CONDITIONED ON THE
PAYMENT FOR:

(I)  THE CARE AND SUPPORT OF THE INSANE PARTY
FOR THE REST OF THE INSANE PARTY'S LIFE; AND

(II)  THE INSANE PARTY'S REASONABLE FUNERAL
EXPENSES.

REVISOR'S NOTE: This section formerly appeared as Article
16, § 26A.

The only changes are in style.

The General Assembly may wish to consider the
relationship of this section to § 8-205(a)(7) of this
article. Under that section, a court must consider
the mental condition of the parties in making a
monetary award in property disposition.

Defined term: "Support" § 1-101

 

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Session Laws, 1984
Volume 759, Page 2177   View pdf image
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