Can marriage counseling records be used in court?

Can marriage counseling records be used in court?

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I’m in the middle of a divorce, and wondering if our former counseling records can be used. Things that the counselor said and felt about possible abuse issues are things that could be helpful for me in court. I know doctor/patient things are confidential, but since BOTH of us were in attendance at these counseling sessions, wouldn’t it be admissible? Thanks!


  1. If you live in a no fault divorce state like myself in Minnesota the judge won’t even look at them.

  2. Yes and No. You can stipulate that you tried counseling and it did not work, but since your husband is also a patient it would technically violate Doctor Patient Priviledge. Now even if you were in attendance it would not be available because it has to do with your soon to be exes medical history and is therefore priveleged. You could have him sign a waiver, but I am unsure what the success rate is behind this maneuver. Check with your lawyer though I can be wrong.

    I Hope This Helps,

  3. It is not admissible in court because of husband,wife doctor confidentiality. Also HIP PA might be an issue as well but discuss it with your lawyer about the matter maybe the transcripts could be subpoenaed

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