HARRY HUGHES, Governor

2359

(2)  Desertion, if:

(i) The desertion has continued for 12 months
without interruption before the filing of the application for
divorce;

(ii) The desertion is deliberate and final; and

(iii) There is no reasonable expectation of
reconciliation;

(3)  Voluntary separation, if:

(i) The parties voluntarily have lived separate
and apart without cohabitation for 12 months without interruption
before the filing of the application for divorce; and

(ii) There is no reasonable expectation of
reconciliation;

(4)  Conviction of a felony or misdemeanor in any
state or in any court of the United States if before the filing
of the application for divorce the defendant has:

(i) Been sentenced to serve at least 3 years or
an indeterminate sentence in a penal institution; and

(ii) Served 12 months of the sentence;

(5)  2-year separation, when the parties have lived
separate and apart without cohabitation for 2 years without
interruption before the filing of the application for divorce;
[or]

(6) ABUSE, AS DEFINED IN § 5901 OF THIS ARTICLE, OF
A CHILD OF THE COMPLAINING PARTY EITHER PARTY TO THE ACTION, IF
THE PARTIES HAVE LIVED SEPARATE AND APART WITHOUT COHABITATION
FOR 12 MONTHS WITHOUT INTERRUPTION BEFORE THE FILING OF THE
APPLICATION FOR DIVORCE, OR

[(6)] (7) Insanity if:

(i) The insane spouse has been confined in a
mental institution, hospital, or other similar institution for at
least 3 years before the filing of the application for divorce;

(ii) The court determines from the testimony of
at least 2 physicians who are competent in psychiatry that the
insanity is incurable and there is no hope of recovery; and

(iii) 1 of the parties has been a resident of
this State for at least 2 years before the filing of the
application for divorce.