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Flanagan v. Flanagan | 956 A.2d 829 (2008)
Virtually all states now have some form of no-fault divorce, representing a general consensus that fault isn’t relevant to whether two people should be allowed to end their marriage. But many states also retain fault grounds. May a court grant a no-fault divorce instead of a fault-based divorce if the parties haven’t requested it? That’s the question in Flanagan versus Flanagan.
Stephanie and Wayne Flanagan were married in 1984. Stephanie moved out of their shared home in February of 2005 and filed for divorce the following year. As grounds for divorce, Stephanie alleged constructive desertion. Wayne filed a counterclaim for divorce, alleging actual desertion.
At trial, Stephanie testified that she moved out because of Wayne’s excessive drinking, which caused him to be argumentative and insulting, and due to his habit of scouring the internet for extramarital relationships. Wayne testified that he was shocked by Stephanie’s departure. He denied drinking to excess and said he’d sworn off his online activities.
The trial court granted Stephanie a divorce on the no-fault ground of voluntary separation, which neither party had asserted. The court found that Stephanie had left the marriage after years of Wayne’s heavy drinking, verbal abuse, and soliciting extramarital relationships online. As part of the property division, the court granted Stephanie a monetary award of $30,000. Wayne appealed to the Maryland Court of Special Appeals.
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