2358

LAWS OF MARYLAND

Ch. 371

Preamble

WHEREAS, The Court of Special Appeals in Binder v. Binder,
16 Md. App. 404 (1972) held that the mistreatment of a child was
not justification for taking the child and leaving the marital
home in defending against a complaint of desertion of the
marriage brought by the spouse who mistreated the child; and

WHEREAS, Neither the current statutes nor case law offers
protection to the spouse in a divorce action who leaves the
household due to child abuse by the other parent; and

WHEREAS, The General Assembly further believes that the
abuse of a minor child should provide the nonabusing spouse with
grounds for a limited divorce to provide both the nonabusing
spouse and the family with the jurisdiction of the divorce courts
to resolve support, property, and other issues relating to the
family; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Family Law

7-102.

(a) The court may decree a limited divorce on the following
grounds:

(1)  Cruelty of treatment OF THE COMPLAINING PARTY OR
OF A MINOR CHILD OF THE COMPLAINING PARTY;

(2)  Excessively vicious conduct TO THE COMPLAINING
PARTY OR TO A MINOR CHILD OF THE COMPLAINING PARTY;

(3)  Desertion; [or]

(4) ABUSE, AS DEFINED IN § 5-901 OF THIS ARTICLE, OF
A CHILD OF THE COMPLAINING PARTY EITHER PARTY TO THE ACTION;

[(4)] (5) Voluntary separation, if:

(i) The parties are living separate and apart
without cohabitation; and

(ii) There is no reasonable expectation of
reconciliation.

7-103.

(a) The court may decree an absolute divorce on the
following grounds:

(1) Adultery;