Oregon Divorce Financial Disclosure — ORS 107.089 Requirements

Within 30 days of the dissolution petition being served, both spouses must exchange a defined set of financial documents — whether or not anyone asks. This isn't optional discovery you can ignore until the other side demands it. Under ORS 107.089, the exchange is a statutory duty that applies to every dissolution case in Oregon.

What You Must Disclose

The mandatory exchange includes:

Tax records: State and federal income tax returns for the three most recent calendar years. If you filed jointly, your spouse already has copies — but you both still need to formally exchange them.

Income documentation: Current-year income statements, W-2s, 1099s, or year-end payroll records showing your current earnings.

Financial statements: Net worth statements, financial statements, and any loan applications you submitted in the past two years. Mortgage applications are particularly relevant since they contain detailed asset and liability summaries.

Real estate documents: Deeds, appraisals, contracts, and the most recent property tax assessments for any real property either spouse owns or has an interest in.

Debt records: The most recent statements for all credit cards, lines of credit, personal loans, auto loans, and any other debts.

Vehicle documentation: Titles or registrations for all vehicles, which must explicitly display the Vehicle Identification Number (VIN).

Investment accounts: Statements for stocks, bonds, mutual funds, and other investment holdings.

Retirement accounts: Statements for all retirement plans, IRAs, pensions, 401(k) accounts, and stock option accounts.

Bank and brokerage accounts: Statements for every banking or brokerage account that has been active within the past year — even accounts you've since closed.

How the Exchange Works

The documents go directly between the parties (or their attorneys). They are not filed with the court. This is a private, mandatory exchange — not public record.

The 30-day clock starts from the date the respondent is served with the petition. For co-petitioner filings, the clock starts from the date of filing.

Can You Waive the Disclosure?

Yes. Both parties can agree in writing to waive the ORS 107.089 exchange if they're fully cooperative and have already shared financial information transparently. Co-petitioners commonly waive this requirement within the body of their stipulated judgment.

You cannot unilaterally waive it. Both sides must agree, and the waiver should be documented in writing.

What Happens If Someone Refuses

If your spouse refuses to provide the required documents, you file a Motion to Compel under ORCP 46. The court reviews the motion and, if it finds the noncompliance was willful, must award you reasonable attorney fees and expenses. The word "shall" in the statute means the fee award is mandatory when willful noncompliance is proven — not discretionary.

The court can also sanction the non-complying party in other ways, including drawing adverse inferences about undisclosed assets (assuming the worst about what they're hiding).

Why This Matters for Self-Represented Filers

Pro se filers often overlook the disclosure requirement entirely, focusing on the petition and service while ignoring the 30-day financial exchange deadline running in the background. By the time they realize it, the deadline has passed and they've lost leverage to compel the other side to share.

Even in cooperative cases, completing the exchange protects both parties. If an asset surfaces after the judgment is signed — one that wasn't disclosed — the omission can be grounds to reopen the case.

Organizing Your Disclosure

Start gathering documents before you file. The 30-day window is short, especially if you need to request records from banks, employers, or retirement plan administrators. Having everything ready at filing means you can complete the exchange early and move the case toward finalization faster.

The Oregon Divorce Filing Process Guide includes a financial disclosure workbook that organizes every required document category with a tracking checklist, so nothing falls through the cracks.

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