Psychotherapists and marriage counselors are often subject to subpoenas to produce client records in divorce court. Some people make the mistake of delivering records. Some make the mistake of ignoring the subpoena on the assumption that the records are confidential. Most divorce cases that require citing therapy records are child custody cases.
The family court judge has to determine whether parents are fit to raise children, and therapy records may shed some light on that area. Judges want to know if parental behavior shows evidence of abuse, neglect, or any adverse behavior toward the child (ren). This information can be obtained from diagnosis, therapy notes, billing records, and treatment plan progress. The only vital information is any information related to the welfare of the child (ren).
An attorney can challenge the summons for therapy records in any other divorce case related to alimony or separation of assets. In general, ethical standards and privacy laws protect those who participate in any type of therapy. Even if a licensed therapist or counselor is summoned by a judge, a therapist is limited in what he or she is allowed to disclose. Because these topics are limited to general topics that may have arisen in a session, therapists are rarely cited in divorce or child custody cases.
My father has been going to marriage counseling for the past few years trying to get my stepmother to recognize my sister and be part of the family, he has depression and is a compulsive liar, but my father kept him for 11 years to save his marriage. Before divorce, it's common for couples to have been in marriage counseling in an attempt to save their marriage.
