A Better Approach To Discovery

One of the most significant expenses of any divorce is accounting for the marital assets, debts and property, basically finding your Oregon divorce inventory list

At Leskin Law and Mediation, we presume that most couples know the extent of their assets and debts. However, we take steps to ensure that the amount of debt and income is confirmed in advance of the Pre-Mediation Conference. If there is a disagreement about the existence of an asset, debt, or value, we discuss at the PMC (Pre Mediation Conference) how to resolve the issue before our hybrid divorce mediation, called Mediation Binding Arbitration (“MBA”).

In Oregon, divorce couples must provide all banking information documents of at least all years the couple has been married.  And, the funny thing is, unless there is a really significant waste of assets, the courts have no reason to care about who was spending what money where. The courts will not (and should not) second guess a spouse’s spending decisions over the course of a marriage.

The intent of the law is to ensure that there is a full accounting. But, this requires a significant attorney and client time to complete. The presumption is that someone is hiding something. In fact, the vast majority of couples know the full extent of their assets and debts.

The Oregon Divorce Inventory List: Accounting For Property and Debt

In a One Day Divorce, both parties will receive on-line interviews to help collect all of the necessary information about real property, retirement, investment and cash accounts, and personal property. This should not take more a day or two to complete.

Documents You Will Need

A divorce can be an overwhelming process, but you can make the mediation easier by preparing in advance to ensure that proceedings are conducted efficiently and effectively.

Here is an example of documents you will need during your divorce inventory process

• Wills created during the wedding
• Pre-marital, and/or marital agreements
• Trusts and funds
• Federal and State Tax Returns
• Retirement Accounts and Pensions
• Life Insurance (Whole Life Policies)
•  Loans and Debts
• Investments, Savings, Checking of all kind
• Any real estate property value
• Pay stubs
• Cars Loan
• Make, model and year of all vehicles
• Information about pending civil lawsuit claims
• Marriage certificate
• Cars Loan

Further Information

Both parties will exchange their inventories. The two inventories will be compared at the Pre-Mediation Conference. Inevitably, there will be differences and the parties and the mediator will discuss how to verify disputed information.

Where there are differences in values, such as the market value of a home, the mediator will help the parties find the necessary information to make the best possible decision at the Mediation Binding Arbitration.

Hiding assets: dishonest and illegal

If you suspect your spouse of hiding assets, income or debt, you are in the wrong place. Divorce Mediation is not a fact-binding process. You should consider hiring an attorney who has the power to compel your spouse to provide documents or witnesses, or who can subpoena a third party for information. Divorce mediation is not appropriate if you suspect your spouse of hiding or concealing assets.

There are penalties for secreting assets or debts during the litigation process. If assets are discovered later, the court case may be re-opened. There may be penalties for intentionally concealing property from a spouse.