Discovery in Oregon Divorce Mediation

Discovery is the process of exchanging information in a mediated divorce. It ensures that both parties and the mediator can discuss the issues with a clear and accurate understanding.

Mediator Matthew House uses a streamlined approach, requesting only what is necessary to be thorough.

Discovery for assets and liabilities needs to answer these questions:

Who is the owner or account holder?
When was the asset acquired?
Where is the asset located? Depending on the type of asset, this may mean a physical location, a financial institution, or an employer.
What is the value or balance?
If the asset or debt was held by one party before the marriage, what was the value or balance on the date of marriage?
For assets, is there any debt secured by the asset? Examples include a mortgage, line of credit, car loan, etc.

The specific documents needed for each asset or debt are listed in the dedicated page for each asset or debt.

Explore the topics to mediate to learn more about what you should produce for your particular case.

Discovery for Asset Division and Debt Division

Discovery for purposes of budgeting in Oregon divorce mediation aims to determine two things:

Each adult’s anticipated post-divorce expenses
The anticipated post-divorce expenses of supporting and caring for the children

You will receive a blank intake file to complete before you begin mediation.

Part of your intake file will include post-divorce estimates of each adult’s individual and household expenses.

There is a separate budget tab in the intake file for you to forecast post-divorce expenses specific to your children.

Discovery for Budgeting

You will be asked for at least the following information:

Each party's gross income from all sources
The amount of spousal support paid or received by either party for a previous marriage (see note below)
The cost of each adult's health insurance premium
The additional cost paid by the parent who provides health insurance for the children
The cost of work-related child care
Each party's union dues, if any
Each party's budget, which is described above in the Discovery for Budgets section of this page and will be developed in mediation

Discovery for Child Support

To aid in discussing whether and to what extent spousal support should be included in your case, you will be asked for at least the following information:

Each party's gross income from all sources (see note below)
The amount of spousal support paid or received by either party for a previous marriage (see note below)
Each party's budget, which is described above in the Discovery for Budgets section of this page and will be developed in mediation
Each party's educational background, degree(s), certifications, and professional training
Each party's work history and earnings history

Discovery for Spousal Support

It may be helpful to bring your current parenting plan into mediation, if you have already separated and have divided your parenting time.

You should understand, however, that your existing plan is not binding on either party and may not end up being the plan that you finalize in your divorce paperwork.

Please be willing to come to mediation with an open mind.

What is definitely not necessary or particularly helpful is a long-term parenting calendar.

The parenting plan will be written in text form in the documents that go to the court.

A long-term, pre-determined parenting plan is almost never fully accurate in practice. Your post-divorce life will involve adjustments and tradeoffs.