Can Your Spouse Obtain Your Medical and Mental Health Records?

The short answer is yes, if the records are relevant in your case.  If your case goes to court, and involves spousal support or child custody, Virginia law requires judges to consider each spouse's mental health in making a decision.  Even so, unless a spouse can make a credible argument that the other spouse has a mental health issue, most judges will find that medical and mental health records are not relevant, and do not need to be obtained.   

The most common method of obtaining medical and mental health records is through a subpoena duces tecum.  If your spouse subpoenas your records, your attorney should get a copy of this subpoena.  If you object to the records being released, your attorney or your doctor can file a motion to quash.  Whether or not your records are released will then be decided by the judge.  

The relevant statute is Virginia Code 8.01-399 which deals with the "physician/patient privilege." 

If you have further questions, please feel free to call our office at (434) 972-9600.


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