The process of going through a divorce will differ largely depending on the state in which you file for a divorce. When it comes to dividing the marital property, states generally fall into two different categories: states that follow equitable distribution law, and states that follow community property law.
The state of Oregon follows equitable distribution law, which generally means that a fair distribution of assets between each spouse is aimed for by the courts. This is opposed to community property law, which generally results in a 50-50 split between spouses of all marital property.
How does equitable distribution work in practice?
When dividing marital assets using equitable distribution law, many factors are taken into account. This is because they want to make sure that the asset distribution is as fair as possible.
The courts will assess the future earning potential of each spouse, and the contributions, either financial or nonfinancial, that each spouse made toward the marriage. If infidelity or domestic violence was a contributing factor to the deterioration of the marriage, it is likely that these details will also be taken into account.
Can I contest the court's decision regarding equitable distribution?
It is possible to contest the court's decision. You may feel that they overlooked a certain detail, or that the asset distribution was unfair for one reason or another. In these situations, you will have the opportunity to argue your case.
It is important that you know exactly how divorce courts make assessments on marital property division in the state of Oregon. This will help you to gain the most financially lucrative result.