A Better Approach To Discovery

One of the most significant expenses of any divorce is accounting for the marital assets, debts and property. Oregon law provides that divorcing couples are obligated to provide one another with years of bank and credit card statements and tax returns, and other documents. 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 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.

Leskin Law & Mediation presumes 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 or debt or value, we discuss at the PMC how to resolve the issue before the Mediation Binding Arbitration.
Oregon Divorce Inventory List

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. The on-line interviews will also gather information on various debts, such as credit card debt, loans and various accounts. 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. 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. 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.

Get Help Now

Contact Leskin Law and Mediation to discuss whether the One Day Divorce approach is right for you. There is no charge for this consultation.

CALL NOW 888 888 8911