McCallister v. McCallister

SHRUM, Judge. ■

In this domestic relations case, we must decide two questions: (1) whether the trial court erred in entering a decree of legal separation rather than dissolution when the wife failed to deny, by verified pleading or sworn testimony, the husband’s allegation that the marriage was irretrievably broken and (2) whether the trial court erred in awarding maintenance of unlimited duration to the wife.

Because the wife did not deny under oath that the marriage was irretrievably broken, we have determined that § 452.320.1, RSMo 1986, is applicable and we remand for entry of an order of…