Flanagan v. Flanagan

956 A.2d 829 (Md. App. 2008)

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Nature of the Case

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Facts

H and W were married in 1984. It was a second marriage for each, and they have no children together. On April 11, 2006, W filed a Complaint for Absolute Divorce on the ground of constructive desertion. H filed his answer on the ground of actual desertion. Each party sought a monetary award and attorneys' fees. W moved out of the marital home on February 2, 2005, leaving H a letter explaining her decision. W complained of H being intoxicated a good deal of the time. At trial, W complained that H cruised the web for porn and online cyber play. H admitted to 'prowling' for women on the internet in order to 'add a little spice to [his] sex life.' H also claimed severe prostatitis, which rendered him 'dysfunctional.' This condition prevented the parties from engaging in a physical relationship. H actually met one of his internet contacts just one time. H categorically denied ever striking W at any time during their marriage and insisted that his drinking at home was limited to 'a couple of cocktails' before or with dinner every other day or so. The court held that the testimony supports the grant of a divorce based on mutual and voluntary separation of more than 12 months. W physically deserted the marital home, but H had constructively deserted her prior to her leaving. H appealed.