FLANAGAN V. FLANAGAN
956 A.2d 829 (Md. App. 2008)
NATURE OF THE CASE: Wayne. Flanagan (H) appealed a divorce decree from Stephanie (W) on
grounds of mutual and voluntary separation.
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 on line 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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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