McRoberts v. McRoberts

PRITCHARD, Judge.

In this appeal from a decree of dissolution awarded the husband upon his prayer, the principal issue is whether the court was mandatorily required to grant the wife’s prayer for a decree of legal separation under § 452.305 2 (Laws, Mo. 1973, p. 470, § 2, eff. Jan. 1, 1974), which is “If a party requests a decree of legal separation rather than a decree of dissolution of marriage, the court shall grant the decree in that form.” Subdivision 1 of this statute provides, “The circuit court shall enter a decree of dissolution of marriage if * * * (2) The court finds that there…