Legal Question in Family Law in Virginia

privacy

If I am seeking the help of a therapist to help me come to terms with being a lesbian and wanting a divorce. I also have 3 children. If I use health insurance to pay for the therapist are the records available to the divorce proceedings or are the confidential and not able to be used against me in the divorce?


Asked on 2/05/04, 12:03 am

2 Answers from Attorneys

Wayne Comer Wayne E. Comer, Esquire

Re: privacy

It all depends on the weight and degree of relevance of such evidence to the essential issues about to be adjudicated. Bluntly stated,

the Court would have to believe it is darn important to deciding the particular case.

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Answered on 2/05/04, 5:19 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: privacy

This is a very good question. It's possible,

whether or not you use health insurance to pay for the therapist, that, if in the course of the discovery phase of the divorce suit, it were discovered by your husband that you had used such a therapist for the purpose which you've mentioned(or even for other reasons), that the court hearing the matter would grant your husband's motion to waive the therapist-patient privilege of confidentiality, if such motion were filed. This means, as a practical matter, that the details of your therapy could be disclosed and become part of the public record in the lawsuit

and, obviously, could be used by your opponent against you in the suit.

This, of ourse, assumes that the custody and placement of the children and right of visitation of the non-custodial parent would be important issues in the divorce matter. Also, the jurisdiction in which the divorce was filed would be of great importance in determining whether such

a motion would be granted or denied. In other words, whether the jurisdiction was say, Washington D.C. versus Buchanan County, Virginia,

could make a great deal of difference as to whether a waiver of the confidentiality privilege would be granted by the court.

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Answered on 2/05/04, 10:38 am


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