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:

1. Who is the owner or account holder?

2. When was the asset acquired?

3. Where is the asset located? Depending on the type of asset, this may mean a physical location, a financial institution, or an employer.

4. What is the value or balance?

5. If the asset or debt was held by one party before the marriage, what was the value or balance on the date of marriage?

6. 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 Budgeting

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

1. Each adult’s anticipated post-divorce expenses

2. 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 purposes of spousal support in Oregon divorce mediation aids in determining two things:

1. What amount of spousal support, if any, should be paid or received?

2. After spousal support (if any) is paid or received, are each adult’s resources to afford her or his anticipated expenses?

Although child support must be calculated in every case and has an online calculator to aid in doing so, neither is true for spousal support. Spousal support is subject to negotiation in mediation. The parties can agree that the case will include spousal support or that no spousal support should be paid or received by either party. There are factors that a judge would consider whether, in what amount, and for how long spousal support should be paid, but there is no specific formula in the Oregon Revised Statutes, nor is there an online calculator. Any calculator that you may find online is probably designed for a different state.

Matthew will help you determine spousal support based on what has been conventional with his clients and others in recent years, but there is no definitive number that is presumed to be authoritative.

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

The Oregon Revised Statutes list other factors to be considered, but the five factors above are those that are most straightforward to document. If you have a health condition that would prevent you from working (or would require you to work reduced hours or at a lower rate of pay than you had earned in the past), it may be discussed in mediation, but you need not provide evidence of it in the intake.

Discovery for Child Support

Discovery for Spousal Support

Discovery for purposes of spousal support in Oregon divorce mediation aids in determining two things:

1. What amount of spousal support, if any, should be paid or received?

2. After spousal support (if any) is paid or received, are each adult’s resources to afford her or his anticipated expenses?

Although child support must be calculated in every case and has an online calculator to aid in doing so, neither is true for spousal support. Spousal support is subject to negotiation in mediation. The parties can agree that the case will include spousal support or that no spousal support should be paid or received by either party. There are factors that a judge would consider whether, in what amount, and for how long spousal support should be paid, but there is no specific formula in the Oregon Revised Statutes, nor is there an online calculator. Any calculator that you may find online is probably designed for a different state.

Matthew will help you determine spousal support based on what has been conventional with his clients and others in recent years, but there is no definitive number that is presumed to be authoritative.

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

The Oregon Revised Statutes list other factors to be considered, but the five factors above are those that are most straightforward to document. If you have a health condition that would prevent you from working (or would require you to work reduced hours or at a lower rate of pay than you had earned in the past), it may be discussed in mediation, but you need not provide evidence of it in the intake.

The purpose of a parenting plan is to determine and document:

• A schedule for parenting time

• An agreement as to how you will divide the parenting responsibilities

• Guidelines for post-divorce communication regarding the children

• Your approach to decision-making concerning the children

• Any other child-related provisions that both of you wish to include in the Marital Settlement Agreement

It's important to remember that mediation seeks to reach an amicable agreement in the best interests of the child. It is true that many lawyers anticipating a custody battle to be decided by a judge could ask you to assemble evidence to position you favorably and to discredit the other party. That is neither necessary nor relevant in mediation. If there is a particular concern about one parent's behavior as it relates to the care and well-being of the children, it can be discussed in mediation, but no documentary evidence is needed at the outset (and probably not at all).

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

Discovery for Child Custody and Parenting Plans