Jenkins v. Jenkins
Jenkins v. Jenkins
Opinion of the Court
This is an appeal taken by the husband from a decree entered in a dissolution of marriage proceeding. It stems from the husband’s denial under oath that the marriage was irretrievably broken.
A single point is relied upon by the husband on appeal. He takes the position that the evidence was too deficient to permit the court, within the perimeter of Section 452.-320.2, RSMo Supp.1977,
Any inclination on the part of this court to disturb the judgment on appeal is effectively allayed by the command of Murphy v. Carron, 536 S.W.2d 30, 32 (Mo.banc 1976), which tightly circumscribes the scope of appellate review in court tried cases.
Judgment affirmed in compliance with Rule 84.16(b).
. “452.320 . . .
2. If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the petition and the prospect of reconciliation, and after hearing the evidence shall
(1) Make a finding whether or not the marriage is irretrievably broken, and in order for the court to find that the marriage is irretrievably broken, the petitioner shall satisfy the court of one or more of the following facts:
(a)That the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;
(b) That the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
(c) That the respondent has abandoned the petitioner for a continuous period of at least six months preceding the presentation of the petition;
(d) That the parties to the marriage have lived separate and apart by mutual consent for a continuous period of twelve months immediately preceding the filing of the petition;
(e) That the parties to the marriage have lived separate and apart for a continuous period of at least twenty-four months preceding the filing of the petition; . . ”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.