If you are dealing with a divorce or child support case in Oregon, you need to know about the
process of requesting and sharing financial records with the other party. The exchange
process—called “discovery” by attorneys—requires parties to share financial information like
income and expenses with one another. The purpose behind the exchange is to make sure both
sides know all of the important money matters that could affect their case.
What Is Financial Discovery?
Financial discovery is when each party in a family law case has to share details about their
finances. This includes income, debts, bank statements, and anything else that shows how much
a party earns or what they own. The goal is for both sides to understand each other’s finances so
the court can make fair decisions. In fact, it’s important enough that Oregon courts have rules to
guide parties through discovery.
What Documents Are Usually Needed?
While requests for financial documents from the other party can feel invasive, ORS 107.089 lists
the bare minimum parties must give one another in a divorce, including:
- Tax returns
- Recent pay stubs
- Bank and credit card statements
- Retirement account details
- Business records, if you own a business
- Property documents like mortgage papers
What Happens If Someone Doesn’t Share Their Information?
If someone tries to hide their finances or fails share the necessary financial documents, the court
can give penalties, called sanctions. Under ORCP 46 the court can order that person to pay the
other’s attorney fees, or even make a decision without their input. It’s important to be honest and
share everything on time.
When Should I Seek Help?
While it’s an important step in Oregon family law cases, financial discovery can be time
consuming and feel like an invasion of your privacy. If you’ve received a request for financial
documents from the other party and are not sure how to respond, we’re here to help! Click here
to learn more about our affordable family law pay-as-you-go coaching program and to fill out
our family law intake form to get started with legal coaching services!