Scott v. Scott

653 A.2d 1017, 103 Md. App. 500, 1995 Md. App. LEXIS 36
CourtCourt of Special Appeals of Maryland
DecidedFebruary 14, 1995
DocketNo. 438
StatusPublished
Cited by12 cases

This text of 653 A.2d 1017 (Scott v. Scott) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scott v. Scott, 653 A.2d 1017, 103 Md. App. 500, 1995 Md. App. LEXIS 36 (Md. Ct. App. 1995).

Opinion

BISHOP, Judge.

On May 6, 1992, appellee/cross-appellant, Jean A. Scott (“Wife”), filed a complaint for limited divorce from appellant/cross-appellee, Warren W. Scott, Jr. (“Husband”), in the Circuit Court for Wicomico County. In her complaint, Wife alleged desertion and cruelty. Husband denied the cruelty allegation, admitted leaving the marital home as of March 15, 1992, but denied such act constituted desertion. Husband [505]*505filed a counter-complaint for limited divorce on June 10, 1992, alleging voluntary separation and constructive desertion. Wife denied both allegations. On March 24, 1993, Husband filed an amended counter-complaint for absolute divorce, alleging the same grounds in his original counter-complaint. Wife later amended her complaint to request an absolute divorce.

The trial court entered a pendente lite order giving Wife temporary custody of the parties’ two children and use and possession of the family home and family use personal property. Husband received visitation rights, was ordered to pay child support, to provide health and dental insurance for the children, and to return certain valuables to Wife. The pendente lite order also mandated that the parties split evenly all medical bills not covered by insurance, the costs of all house repairs, and all mortgage payments and taxes on the family home. The trial court reserved its ruling with respect to alimony.

Wife answered Husband’s amended counter-complaint and admitted voluntary separation, but denied constructive desertion. Wife also filed an amended complaint for divorce, “absolute or limited,” alleging desertion and cruelty. Husband reasserted that he separated from Wife on March 15, 1992, but denied desertion and cruelty. The trial court held the divorce hearing on September 24 and 29,1993. On September 24, the court orally granted Wife a divorce on the ground of desertion by Husband. On December 14, 1993, the court issued its opinion and order on the remaining issues involving marital property distribution, the monetary award, custody and visitation, child support, and alimony. Both parties appealed that order.

Issues

Husband and Wife raise numerous issues on appeal and cross-appeal, which we consolidate and rephrase for clarity:

I. Alimony
A. Did the trial court err in granting Wife alimony?
[506]*506B. Did the trial court err in not granting Wife indefinite alimony?
II. The Monetary Award
A. Did the trial court err in its method of computing the monetary award?
B. Did the trial court err in not specifying the method of payment of the monetary award?
C. Did the trial court err in granting Wife a fixed dollar amount of Husband’s pension “as, if, and when” received?
III. Child Support
A. Did the trial court err in its use of the Child Support Guidelines?
B. Did the trial court err in failing to order Husband to provide the children with health and dental insurance?
IV. Use and Possession
Did the trial court err when it failed to incorporate the pendente lite order relative to use and possession of the family home and family use personal property that the parties previously had stipulated would be controlling?
V. Sale of Jointly Owned Realty and Personalty
Did the trial court err when it failed to order the sale of all jointly owned property?
VI. Attorney’s Fees
Did the trial court err in not awarding Wife attorney’s fees and litigation costs?

Facts

Husband and Wife were married May 21, 1979. They had two children during their marriage, Alexander, born September 19, 1980, and Meredith, born February 26, 1986. Husband and Wife purchased their family home in Salisbury, Maryland during 1980 for $88,000. The parties increased the value of the family home to $138,000 by the addition of $50,000 in improvements. Both parties owned substantial property, real and personal, marital and nonmarital, and both were monetary and nonmonetary contributors to the marriage. Ac[507]*507cording to Wife, in December 1991, Husband announced he was leaving the family home. He moved to Ocean City, Maryland on February 15, 1992, -without Wife’s consent. He returned to the family home, on March 14, 1992, spent one night at the home, and has continuously lived away from the family home since March 15, 1992.

At the time the trial court issued its opinion and order in December 1993, Wife was thirty-nine years old and Husband was forty-five years old. Wife works two jobs that give her an approximate annual salary of $27,500. She works full-time for the University of Maryland Cooperative Extension Service in Salisbury as an extension advisor. She also performs freelance writing for various companies. Wife has been the primary caretaker for the children. Husband’s annual salary is approximately $72,000, plus bonuses. He is a territory sales manager for GIBA-GEIGY Corporation, where he has been employed since 1974. CIBA-GEIGY provides Husband with a motor vehicle, health and dental insurance, pension plan, and a 401(k) savings plan. Husband also has two expense accounts. Additional facts will be discussed infra.

Discussion

First we discuss the validity of the divorce orally granted to Wife on the grounds of desertion by Husband. The judgment of divorce must be properly granted; if not, then the issues raised on appeal would be moot. See e.g., Md.Fam.Law Code Ann., § 8—203(a)(1) (1991) (“the court shall determine which property is marital property[] when the court grants an annulment or an absolute divorce”) (emphasis added); id. § 8-205 (the court may not grant a monetary award until after the court determines which property is marital property; marital property is not determined until after an absolute divorce is granted).

As indicated supra, the divorce hearing was conducted on September 24 and 29, 1993. At the end of the first day of the hearing, the following colloquy took place between the court and counsel for the parties:

[508]*508THE COURT: All right. We’ll recess until Wednesday-morning [September 29]. Does nine o’clock suit everybody?
[WIFE’S ATTORNEY]: That’s fíne, Your Honor, thank you, Judge.
[HUSBAND’S ATTORNEY]: Yes, it does, Judge. Would it be possible for you to grant the divorce today?
THE COURT: Well, let me ask you. You’re not pursuing the [amended counter-complaint for absolute divorce], is that correct?
[HUSBAND’S ATTORNEY]: That’s correct.
THE COURT: All right. I’ll grant her the divorce.
[WIFE’S ATTORNEY]: And you’re reserving on the marital property issue.
THE COURT: I’ll reserve on the marital property for a period of—well, do you want me to rule on custody?

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Bluebook (online)
653 A.2d 1017, 103 Md. App. 500, 1995 Md. App. LEXIS 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-scott-mdctspecapp-1995.