How does mental health affect divorce?
How does mental health affect divorce?
A spouse’s mental health issues may reduce or increase that spouse’s share of the marital estate depending on your family’s circumstances. Alternatively, if a spouse’s untreated mental illness is the cause of your divorce, a judge may increase the stable spouse’s alimony or support awards as a result.
Can my mental health records be subpoenaed?
Most often, the attorneys involved in that case will serve a subpoena on a mental health professional to produce his or her records, give a deposition or come to trial and testify. Should you respond to that subpoena and turn over your records or give a deposition? The answer is usually NO.
Can a therapist be forced to testify?
Generally, the motion may state that the psychologist is ethically obligated not to produce the confidential records or test data or to testify, unless compelled by the court or with the consent of the client.
Can a therapist refuse a subpoena?
In some jurisdictions, as in California and many other states, subpoenas can be issued routinely by attorneys. While not all subpoenas are court orders, nevertheless therapists should not ignore any subpoena, regardless of who initiated it.
What are your rights when subpoenaed?
Your rights: You have the constitutional right against self-incrimination, which means that while you may have been subpoenaed, you generally cannot be forced to testify against yourself. You also have the right to retain counsel to represent you.
Can you plead the fifth of subpoenaed?
A witness may refuse to answer a question if they fear their testimony will incriminate them. Witnesses subpoenaed to testify must testify, but can plead the fifth for questions that they deem are self-incriminating. Prosecutors may offer witnesses immunity in exchange for their testimony.
Do I have to go to court if I get a subpoena?
The short answer to this is that a subpoena is a legally binding court order for you to appear in Court. Failure to abide by a court order can result in a finding of contempt. In order to be legally binding, the subpoena must be legally served on the alleged victim or other witness.
