Pitsenberger v. Pitsenberger

This is the first case in which we consider the constitutionality of Maryland’s new legislation on property disposition in divorce and annulment — ch. 794 of the Acts of 1978, now codified as Maryland Code (1974, 1979 Cum. Supp.) §§ 3-6A-01 to 3-6A-07 of the Courts and Judicial Proceedings Article. More specifically, two questions are raised for our determination:

1. Does § 3-6A-06, on its face, violate procedural due process by authorizing a pendente lite use and possession award of the family home and other property without a preliminary showing by the petitioning spouse that grounds exist…