The Law Office of Alexander M. Jones
Divorce and Family Law
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Can I take a collaborative approach to divide divorce assets?

The process of dividing assets during a divorce has the potential to cause conflict. This is so much the case that is it quite common for divorcing spouses to accept a financial fight as an inevitability. However, these drawn-out court battles tend to have a negative impact on everyone involved; they are costly, cause high amounts of stress and can even affect the emotional well-being of the children.

If you are determined to divide marital assets in Oregon without a stressful legal battle, you will need to plan ahead. Collaborative asset division is possible, but it requires that both spouses are committed to a solution-focused conversation. The following are some tips for approaching asset division.

Remember that equal is different from equitable

The concept of community property is no longer recognized in Oregon, which means that assets are not divided completely equally by the courts. Instead, equitable distribution is strived for. When negotiating with your divorcing spouse, you should keep this in mind, and take many factors into consideration. For example, if you get paid more than your spouse, you may accept that they should keep a higher percentage of assets.

Be willing to compromise

It's important to manage your own expectations before embarking on a negotiation. It's unlikely that you will be able to get the exact agreement that you hope for, but if you are reasonable and try to see both sides, you will be able to reach a fair settlement.

If you are going through a divorce and want to make the process as collaborative as possible, you should make sure that you understand how to make this possible.

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