## Facts

- Robert M. Ricketts, Jr. and Mary C. Ricketts married in 1981 and had three children; two were minors when suit was filed.
- The marital relationship deteriorated; the husband alleged the wife forced him out of the marital bedroom and refused marital relations.
- The spouses continued residing in the same household with their children but lived in separate bedrooms and did not live together as a married couple.
- The husband filed in the Circuit Court for Baltimore County seeking a limited divorce (a mensa et thoro) on the ground of constructive desertion and requesting custody of the minor children.
- The wife moved to dismiss, arguing the complaint was legally deficient because the parties still lived under the same roof and therefore were not living “separate and apart,” and that custody relief was unavailable for the same reason.
- The circuit court granted the motion to dismiss; the husband appealed, and the state’s highest court took the case to resolve the legal questions presented.

## Issues

1. Whether a complaint for a limited divorce alleging constructive desertion based on denial of marital relations can be maintained when spouses continue to reside in the same dwelling but do not cohabit as husband and wife.
2. Whether a complaint seeking child custody and visitation can be maintained notwithstanding the parents’ continued residence in the same home.

## Decision

- The court reversed the dismissal and remanded for further proceedings.
- A limited divorce action based on constructive desertion may be maintained even if the spouses remain under the same roof, so long as they are not cohabiting as husband and wife.
- A custody and visitation complaint is also maintainable despite the parents’ shared residence.

## Legal Principles

- A limited divorce authorizes spouses to live separate and apart without dissolving the marriage and may address related family matters such as custody and support.
- Constructive desertion may be established where one spouse’s unjustified, persistent refusal of marital relations (or comparable misconduct) effectively ends marital cohabitation.
- “Cohabitation” is not synonymous with sharing a residence; it refers to living together as husband and wife and carrying out marital duties and obligations.
- Eligibility to seek custody and visitation does not depend on parents living in separate residences; custody determinations turn on the child’s best interests.

## Conclusion

The court held that continued residence in the same household does not bar a limited divorce claim for constructive desertion or prevent custody and visitation litigation when the allegations show the spouses no longer cohabit as husband and wife.


Ricketts v. Ricketts, 903 A.2d 857 (Md. 2006)