She further related that during the marriage Husband exhibited a bad temper and had anger control problems. She stated that he struck her on at least one occasion. Husband refuted this testimony. Even if the trial court believes the evidence of misconduct, it may still divide the marital property in substantially equal fashion if proper to do so under all factors set forth in section 452.330.1. As previously set out, when resolving conflicting testimony between parties, the trial court may reject or accept any of the testimony brought before the court.
Deference is given to the trial court in observing the witnesses and determining their credibility.
In our review of the record, we fail to see where Wife's conduct may have placed an extra burden on spouse. Wife testified that she did not engage in a romantic relationship with another man until after her separation from Husband. Husband points to no expenditures of marital funds which were dissipated as a result of Wife's ostensible extra-marital activities. Aside from his own testimony, Husband fails to show that Wife's post-separation activity added any significant, additional stress to Husband or the marriage. Therefore, we cannot say that the trial court erred in failing to find any marital misconduct by Wife.