Canby, OR asked in Divorce and Family Law for Oregon

Q: I’m getting a divorce and I have to give my spouse the financials but he keeps giving them back. What do I do?

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
Answered
  • Portland, OR
  • Licensed in Oregon

A: I assume you are referring to the Oregon Statute that lists financial information both spouses in a divorce are required to share. ORS 107.089 https://www.oregonlaws.org/ors/107.089 Once you serve this form on your spouse he is required to give you the documents listed under this statute. You only have to reciprocate which it sounds like you did. If he wants to return the documents to you I guess he can do that. What you really need to get out of this process is the documents HE needs to give you which are on the list. So giving you back your documents doesn't gain him a reprieve from having to produce and share his documents with you.

It can get tricky to enforce this when you don't have an Attorney representing you. If you don't have an Attorney representing you, you are going to need to schedule a show cause hearing to bring him in front of a Judge where you and the Judge can ask him why he isn't producing documents that he is required to produce. Judge's really don't like to do this work that is normally done by an Attorney. It is much better to hire an Attorney to help you with this because what an Attorney normally does is make the spouse appear for a deposition under oath and this creates a sworn record of your husband answering questions about his financial situation - assets and debts. That way if after the divorce you get surprised by something contrary to your husband's sworn statements in the deposition you can refer the case to the District Attorney for prosecution for perjury.

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