Herndon v. Herndon

HOGAN, Judge.

In this dissolution of marriage case, petitioner Linda Ellen Herndon (hereinafter plaintiff) appeals from the trial court’s refusal to set aside that part of its decree approving a separation agreement and incorporating that agreement in its decree. The plaintiff assigns error to the trial court’s action on the grounds that there was no evidence, and therefore the trial court could not consider, the statutory factors relevant to the disposition of the property and the need of either spouse for maintenance; the separation agreement was not in writing, as required by § 452.325.1,…