Therapy Records May Be Subpoenaed in a Divorce

One spouse in a divorce may seek therapy and feel reassured that the sessions are exempt from prying eyes, but he or she may not realize that these records of the sessions may end up in the courtroom during a divorce proceeding. When this occurs and how it occurs are of vital importance to the individual seeking therapy and getting a divorce.

Divorce is a difficult time for many spouses that are unable to resolve the dissolution of the relationship peacefully. The conflict generally escalates, and others suffer harm due to the chaos. In certain instances, one spouse will receive therapy for an issue that has a direct involvement in the divorce situation. This could include mental illness, thoughts of suicide or homicide or a direct connection to the inability to take care of children or others. When the other spouse believes that the therapy records could provide assistance with the divorce, he or she may petition the courts to include these in the court proceedings.

Petitioning the Courts

For the spouse that does not receive therapy, he or she may seek to include the therapy records in the court proceedings as an advantage against the other person. While the paperwork may not have a use in humiliation or to directly harm the individual, they may provide the judge with enough information to affect spousal support, child custody and visitation matters. The need for drugs or counseling could harm the person in these concerns and lead to a substantial loss. It is important to have a divorce lawyer look into the matter when the other legal team attempt to include the therapy records for the divorce proceedings.

What the Records May Contain

When the person seeks therapy, he or she may have psychological issues that require multiple sessions to understand or get over certain issues. Others may require medical assistance through drugs. This assistance or treatment could have use against the person for custody matters or in holding down a job. While some problems may arise through the disclosure of record details, if the whole of the records is available for the courts, the person may face other complications such as a reduction in spousal support, a loss of custody of any children and more liabilities rather than assets due to some secrets revealed through the process.