On August 19, 2017, portions of Oregon and the U.S. experienced the once in a generation experience of a total solar eclipse. I had reservations at a state park on the path of totality and then a month or so before the event, a friend suggested I come to rural Idaho which was also on the path. I tried to give away my camping reservation to my teen son and friends, as well to several other friends, but I could not find a taker. I assumed that this prime camping spot was going to go to waste.

I’ve been mediating with a divorcing couple for more than 3 years. They have been separated that entire period and the husband had re-partnered already. Their case has been the most unusual of the 500+ I have handled. They have assets spread literally across the globe, lived overseas for many years with business and investment ties there, have assets that are very difficult to value and while they clearly have great support and affection for each other, they bicker almost every time in our 10+  meetings. Sometimes one of them has failed to show up for meetings or appeared an hour late. One or both has been unprepared at times, or suddenly changes his/her mind. Yet, they do basically trust each other and put they teen-aged kids first at all times.

This feisty, unusual couple has been one of my more challenging cases, and one of the most fun. Despite their periodic tension, there is a core of love that they share from their amazing life together. They switch from arguing, to joking, to laughing together very easily. They are fun, super interesting people stuck in a marriage that they needed to end. Our meetings feel more like a connection with old friends than clients at this stage.

Then, finally, they suddenly and relatively quickly resolved their remaining issues with a compromise that fit them and that, we all joked, would drive lawyers crazy for being too vague, and relying too much on their sense of humor and mutual trust. We had one final meeting to sign the documents, which included a little bit more bickering, some tears, shared memories, jokes and a really sweet poignant end to the process. I gave them both orchids to mark the end of our work together. True to form, they insisted on taking selfies together with their flowers. And, I mentioned to them that I was heading off to see the eclipse and could not give away my reserved campsite. A few days later, Husband emailed asking if he could have the campsite, to which I easily agreed. I assumed he would be going with his new partner.

The eclipse was amazing from my Idaho mountain and I shared photos with friends and family and got a few in return. Including . . . a wonderful, fun photo of my eclectic clients and their kids all together in a big pile on a hammock at my Oregon campsite. They looked like the happy family they will continue to be, divorced but still connected, forever.

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Jim O’Connor, Collaborative Attorney / Mediator
3939 NE Hancock St., Ste. 309
Portland, OR 97212
503-473-8242

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When someone consults an attorney about getting a divorce, anything that person tells the attorney is private and protected by the attorney-client privilege. On the other hand, any written document that is filed with the court is open to the public and readily discoverable by anyone, stranger or friend. At Bridges Collaborative Divorce Solutions, we work with our clients so that your privacy is protected during the divorce process.

 

How Privacy is Protected in a Collaborative Divorce

In the traditional setting, the parties file documents with the court without regard to privacy. They do not consult with each other about what information is included in those documents. One or both spouses may want some information to remain private, but since the process is adversarial, private information is often shared with the court. This means it is also shared with the public.

In a collaborative divorce, documents are filed at the end of the case. Both parties sign off on the paperwork and give their okay about the information that is included. Attorneys and their clients do it together. Nothing becomes public record unless both parties have agreed to it. In some instances, settlement agreements can be signed off by both parties, but the document itself is not filed with the court.

Some examples of issues that the parties may want to keep private include:

  • Events that may have led to the divorce. In Oregon, we can state irreconcilable differences without including any specific behavior by one party or the other. With that said, if there have been mental health or substance abuse issues, one of the parties may disclose damaging details of those occurrences into the public court record, which could have a number of consequences for the other party.
  • Financial information, including assets owned and the value placed on each one, how real property is distributed, who maintains which bank accounts, how debt is divided and other sensitive information.
  • Parenting decisions such as where the children will live and what schools they will be attending.

The only people privy to all of the information are the attorneys and other professionals working with the parties in the collaborative process. This includes the certified divorce financial analysts, child psychologists, and others. They all have a duty not to share this information with anyone without the express permission of both parties.

Bridges Collaborative Divorce Solutions will work with you so that you and your spouse part in the most positive way possible and keep private information private so that the information is not discoverable by the public. Contact us for more information.

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Myah Kehoe, Attorney at Law / Mediator
Kehoe Moneyhun Law, LLC

319 SW Washington St., Ste. 614
Portland, OR  97204

2005 SE 192nd Ave., Ste. 200
Camas, WA  98607
503-281-0624

Myah’s Website
Email Myah