3 Commonly Asked Questions About Divorce in Oregon

If you're thinking about getting divorced, you probably are dealing with a lot of stress and anxiety. Uncertainty can worsen those negative emotions, but by better understanding the divorce process, you can ease your mind. If you would like to know more, check out these three commonly asked questions about divorce in Oregon.

1. How Are Assets Divided?

Assets can be divided differently depending on each situation. You and your spouse have the freedom to make your own agreement, even if that means giving most of the assets to one person. However, in most cases, joint assets are divided fairly between you and your spouse. Joint assets include money that was made during the marriage and assets that were purchased during the marriage.

It doesn't matter if only one person obtained the asset. For example, if your spouse works, but you stay home to take care of the house and kids. Even though you don't bring in money, the equal rights rule applies to any assets purchased by or given to you and your spouse during the marriage.

Personal assets, however, are handled differently. Personal assets typically include anything you purchased or had been given before the marriage, such as a vehicle or expensive jewelry. Some items you get during your marriage can also be considered personal assets if they were only given to you, such as land left in a will or a birthday present.

2. How Is Debt Divided?

Debt is treated much the same way assets are treated. First, any debt you incurred before the marriage remains your debt. Similarly, your spouse's debt from before the marriage remains theirs. Things get more complicated when debt was incurred during the marriage.

Sometimes, it's clear that both spouses were responsible for the debt, in which case, it will likely be divided fairly between you and your spouse. However, what if your spouse racked up a bunch of debt without your permission or knowledge? If this is the case, you and your lawyer need to prove you had little to nothing to do with the debt. If successful, you may not be held responsible for any of that debt.  

Even if the courts decide you are both responsible for the debt, you may not pay the same amount. If your spouse makes significantly more than you, they will probably be responsible for a majority of the debt.

3. What Can Complicate a Smooth Divorce?

Many factors can complicate a smooth divorce. Some of them are avoidable but others are not. Kids, for example, can introduce complications, especially if both parents want custody or someone is unhappy with child support payments. If one spouse is pregnant during the divorce, the divorce can't even be finalized until after the child has been born.

In other cases, one spouse complicates the divorce by trying to win more assets than the other. Similarly, spouses may try to hide assets, so they can come out on top after the divorce.

Finally, in many cases, the way your spouse treated you during the marriage can play a huge role in the divorce. Domestic violence and adultery, in particular, can make a divorce more complicated. In these situations, the parties often can't collaborate on a divorce plan, leading to court, possible arguments, and a drawn-out divorce.

Sometimes, marriages simply don't work. When that happens, divorce can help give you back your life, but it is a difficult and stressful process. With a great attorney, however, you'll have someone fighting on your behalf during this tough time. If you would like to know more, contact us at the Law Offices of Jamie L. Hazlett and Associates.