As part of a divorce proceeding, the trial court has a duty to make a division of the parties' assets and liabilities. When a statute is plain and unambiguous, the court must give effect to the intention of the legislature as expressed, rather than determine what the law should or should not be. The district court has wide discretion in adjusting the financial obligations of the parties in a divorce action. Exercise of that discretion will not be disturbed on appeal unless clear abuse of discretion is shown.
Judicial discretion is abused when judicial action is arbitrary, fanciful, or unreasonable.
Opinion filed December 11, 1998. W. Irving Shaw , of Emporia, argued the cause and was on the brief for appellee. Respondent Frederick C. Rodriguez appeals the trial court's division of assets pursuant to a divorce proceeding. Respondent is serving a 56-month prison sentence and participated in the division of disputed property hearing via telephone. First, he found that the majority of disputed property was either owned by petitioner at the time of the marriage or was acquired during the marital relationship as a result of petitioner's contributions to the assets which she owned prior to the marriage.