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McROBERTS v. McROBERTS

No. KCD 27676.

555 S.W.2d 682 (1977)

Donald Gene McROBERTS, Respondent, v. LaDorna Marlene McROBERTS, Appellant.

Missouri Court of Appeals, Kansas City District.

August 29, 1977.

Attorney(s) appearing for the Case

Thomas D. Cochran and Joe F. Willerth, Independence, for appellant; Piedimonte & Cochran, Independence, of counsel.

Robert G. Neds, Jr., Raytown, for respondent; Gladney & Neds, Raytown, of counsel.

Before SWOFFORD, P. J., and PRITCHARD and DIXON, JJ.

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...

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