During a divorce, both spouses are entitled to know all of the assets, debts and income of the other spouse. The legal process of obtaining this information is called “discovery.”

There are three ways, basically, a spouse can obtain this information. The first is by requesting records from the spouse via a legal document called a “Request for Production.” The typical Request for Production will ask for three years of tax returns, income records not covered by tax returns, mortgage statements, bank and credit card records, records of businesses, real estate records, etc. The request for production should create a pretty accurate inventory of the couples finances during the marriage.

Sometimes, but not too often, a Request for Production will uncover a gambling or porn addiction, or at least the spending patterns of the spouse. Sometimes additional assets or debts are discovered. Sometimes, it will become clear that money is missing. More often than not, the Request for Production yields no surprises.

Another way to discovery information about the finances in a marriage is to take the deposition of the spouse. This may be especially useful if one partner suspects the other of hiding assets. A deposition is a sworn statement given under oath. Since it is made under oath, there are criminal penalties for lying.

Another way to discover information about the finances in a marriage is to subpoena records from a third party, such as a bank or employer. Only a lawyer can issue a subpoena. A self- represented, pro se litigant needs to have a court clerk issue a subpoena.

ORS 107.089 provides documents which the parties in a divorce must furnish to one another, if requested.

One purpose of discovery is to ensure that both parties have access to the same information before a divorce trial. Both divorcing spouses should know how the money and debt in the marriage accumulated. Both parties need this information to accurately divide the marital debt. It is also necessary to set the correct child support amount and to be able to value a fair spousal support award.

What happens if a spouse conceals assets during a divorce will be covered in a later blog post.