Lyons v. Lyons

Liss, J., delivered the opinion of the Court. Charles Eric Lyons, appellant, and Patricia Ann Lyons, appellee, were married in Prince George’s County, Maryland, on November 27,1965. During the course of their marriage, they adopted Heather Noelle Lyons, born April 21, 1971. On March 22, 1979 appellee filed a bill of complaint for a divorce a mensa et thoro in the Circuit Court for Anne Arundel County.

She alleged therein that appellant had abandoned and deserted her on or about the 14th day of January, 1979. In her bill of complaint appellee sought a full panoply of relief. In addition to her request for a divorce a mensa et thoro, appellee prayed that the court grant her alimony pendente lite, permanent alimony, custody of the parties’ minor child, counsel fees and money to cover the costs of the suit. She further sought to avail herself of the provisions of Maryland Code (1980 Repl.

Vol.) Courts and Judicial Proceedings Article, Subtitle 6A (Property Disposition in Divorce and Annulment). Appellee prayed that the court (1) declare the residence of the parties a "family home”; (2) grant a pendente lite use and possession order of that residence; (3) grant the use and possession of the home for not less than three years; (4) require appellant to pay the mortgage and taxes on the marital home and swimming pool; and (5) declare all the furnishings in the "family home” "family use property” to be awarded to her. In addition, she requested in her bill that the court determine the ownership of all personal and real property of the parties regardless of ³¹⁴ how titled, including the business owned and operated by appellant known as Eric’s Auto Center, Inc.; and to declare the parties’ 1969 Corvette "family use” personal property to be awarded to her. Appellant answered the bill of complaint, and the parties subsequently entered into a consent decree on July 10,1979, by the terms of which appellant agreed to reside at a place other than the house owned jointly by the parties.

The consent decree also specified that appellee would be entitled to use and possession of the home pendente lite. The decree further required appellant: (1) to pay $25 per week for support and maintenance of the minor child; (2) to continue to pay the mortgage, interest, taxes and insurance on the family home pendente lite; (3) to continue to make payments on the family swimming pool; and (4) to continue paying health and medical insurance premiums for the wife and minor child. Reasonable visitation rights were granted, and the questions as to alimony, counsel fees, and the distribution of property were reserved for a hearing on the merits. On December 31, 1979, appellee filed a supplemental bill of complaint in which she alleged that the respondent’s abandonment and desertion of her occurred on or about the 14th of January, 1979.

Appellee further alleged that the desertion and abandonment were with the deliberate intention to terminate their marriage, and that the abandonment had continued uninterruptedly for more than twelve months prior to the time of the filing of the supplemental bill. She also alleged in her supplemental bill that there was no reasonable hope of reconciliation between the parties, and she thereby sought a divorce a vinculo matrimonii and prayed that she be "awarded those prayers as requested in the original bill of complaint.” The record discloses that an extensive hearing was held on February 25, 1980, and that numerous witnesses appeared on behalf of both parties. The testimony of these witnesses primarily concerned the marital status of the parties and the extent of their business dealings. At this hearing, appellee reiterated that appellant abandoned the marital home on or ³¹⁵ about January 14, 1979.

The chancellor held the case sub curia until April 23,1980 when he issued a decree providing for the following: (1) That Patricia Ann Lyons is divorced a vinculo matrimonii from Charles Eric Lyons; (2) That custody of Heather Lyons is granted to Patricia Ann Lyons, with the right of visitation at reasonable times to Charles Eric Lyons; (3) That Patricia Ann Lyons is awarded use and possession of the parties’ marital home for a period of three years from this date; (4) That Patricia Ann Lyons is awarded use and possession of the parties’ personal property listed as "at home” on Defendant’s Exhibit C for a period of three years from this date; (5) That Charles Eric Lyons is awarded use and possession of the parties’ personal property listed as "here” on Defendant’s Exhibit C for a period of three years from this date; (6) That Charles Eric Lyons continue to pay the mortgage, taxes, and insurance on the parties’ marital (family) home; (7) That Charles Eric Lyons continue to pay the mortgage on the home swimming pool; (8) That Charles Eric Lyons pay to Patricia Ann Lyons $25 per week as child support; (9) That Charles Eric Lyons pay to Patricia Ann Lyons $25 per week as alimony; (10) That Patricia Ann Lyons is declared to be an owner of a one-third undivided interest in the business -— known as Eric’s Auto Center, Inc.; (11)