Mandatory Disclosure

Mandatory Disclosure statement

Please Be Advised:
Oregon Revised Statutes 107.089 states that:

1. "...each party in a suit for legal separation or for dissolution shall provide to the other paty copies of the following documents in possession or control

     a. All Federal and State income tax returns filed by either party for the last three calendar years;

   b. If income tax returns for the last three calendar years have not been filed, all W-2 statements, year-end payroll statements, interest and dividend statements and all other records of income earned or received by either party during the last calendar year;

c. All records income earned or received by party for the current calendar year;

d. All financial statements, statements of net worth and credit card and loan applications prepared by or for either party during the last two calendar years;

e.         All documents such as deeds, real estate contracts, appraisals and most recent statements of assessed value relating to real property in which either party has any interest;

   f.   All documents showing debts of either party, including the most recent statement of any loan, credit line, or charge card balance due;

   g. Certificates of title or registrations of all automobiles, motor vehicles, boats or other personal property registered in either party's name or in which either party has any interest;
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h.         Documents showing stocks, bonds, secured notes, mutual funds and other investments in wh.ich either party has ariy interest;

   i. The most recent statement describing any retirement plan, IRA pensien plan, profftsharing plan, stock option plan or deferred compensation plan in which either party has any interest; and

j. All bank, credit union or brokerage account records on any. account ih which either party has any interest or signing privileges in the past year, whether or not the account is currently open or closed.

2. Except as otherwise provided in paragraph b. of this subsection, the party shall provide the information listed in subsection 1 of this section to the other party no later than 30 days after the service of the Petition;

a. If a support hearing is pending fewer than 30 days after service of the Petition, the party shall provide the information in subsection 1a ro 1d of this section no later than three judicial days before the hearing.

3.
   a. If a party does not provide information as required by subsections 1 and 2 of this section, the other party may apply for a motion to compel as provided by ORCP 46;

b. Notwithstanding ORCP 46(A)(4), if the motion is granted and the court finds that there is willful noncompliance with the requirements of subsections1 and 2 of this section, the court shall require the party whose conduct neccessistated the motion or the party or attorney the action, or both, to pay to the party the reasonable expenses incurred in obtaining the order, including attorney fees.

4. If a date for a support has been set and the information listed in subsection 1a and d. of this section has not been provided as required by subsection 2 of this section:

a. By the obligor, the judge shall postpone the hearing, if requested to do so by the obligee, and provide in any future order for support that the support obligation is retroactive to the date of the original hearing; or

b. By the obligee, the judge shall postpone the hearing, if requested to do so by the obligor; and provide that any support ordered in a future hearing may be prospective only.

5. The provisions of this secton do not limit in any way the discovery provisions of the Oregon Rules of Civil Procedure or any other discovery provisions of Oregon law."

BE TRUTHFUL AND FORTHCOMING. IT ISN'T JUST THE RIGHT THING TO DO - IT MIGHT ACTUALLY YOU COST LESS IN THE END!

In the event a party fails to provide documents pursuant to mandatory discovery or a request for production, the party may be subject to a motion to compel production. It is the policy of the divorce courts to have full disclosure of assets and liabilities.