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RICKETTS v. RICKETTS

No. 136, September Term, 2003.

903 A.2d 857 (2006)

393 Md. 479

Robert M. RICKETTS, Jr. v. Mary C. RICKETTS.

Court of Appeals of Maryland.

July 28, 2006.

Attorney(s) appearing for the Case

Richard D. Rosenthal (Tydings & Rosenberg L.L.P., on brief), Baltimore, MD, for Appellant.

William P. Englehart, Jr. (Nolan, Plumhoff & Williams, Chtd., on brief), Towson, MD, for Appellee.

Argued before BELL, C.J., and RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

BELL, C.J.

The issues presented by this case are: first, whether a spouse's complaint for a limited divorce alleging constructive desertion based on lack of marital relations may be maintained when both parties continue to live under the same roof, albeit not in the same bedroom and without cohabitation; and, second, whether, notwithstanding the parties' continued living under the same roof,1 a complaint for custody

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