ROBERT L. EHRLICH, JR., Governor                             Ch. 419

(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;

(7)     cruelty of treatment toward the complaining party OR A MINOR
CHILD OF THE COMPLAINING PARTY, if there is no reasonable expectation of
reconciliation; or

(8)     excessively vicious conduct toward the complaining party OR A
MINOR CHILD OF THE COMPLAINING PARTY, if there is no reasonable expectation of
reconciliation.

(b)     Recrimination is not a bar to either party obtaining an absolute divorce on
the grounds set forth in subsection (a)(1) through [(5)] (8) of this section, but is a
factor to be considered by the court in a case involving the ground of adultery.

(c)     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 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)     (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.

(F) UNLESS THE COURT AFFIRMATIVELY DETERMINES THAT IT IS IN THE
BEST INTEREST OF A MINOR CHILD, THE CHILD MAY NOT BE COMPELLED TO TESTIFY
IN A PROCEEDING FOR ABSOLUTE DIVORCE ON THE GROUNDS OF CRUELTY OF
TREATMENT TOWARD THE CHILD OR EXCESSIVELY VICIOUS CONDUCT TOWARD THE
CHILD.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2003.

Approved May 22, 2003.

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