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What is Interspousal Immunity?
Interspousal immunity is a common law doctrine which prohibits spouses from suing each other.
Recently, the Maryland Court of Appeals in Bozman v. Bozman joined the majority of states in abolishing interspousal immunity.
Now, spouses in Maryland may sue each other for any injuries they incur, such as injuries resulting from stalking or domestic violence. Prior to the abolishment of interspousal immunity, spouses in Maryland could only sue each other in cases involving "outrageous" or "negligent" conduct. Therefore, injured spouses were barred from any recovery in cases where the conduct causing the injury was severe but not "outrageous" or "negligent."
In Bozman, the Maryland Court of Appeals stated that "interspousal immunity is unsound in the circumstances of modern life…. It is a vestige of the past."
The Maryland courts will always determine child custody based on the best interests of the children.
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