I want to know if my daughter can legally sue a therapist for causing her 25 yr. marriage to be over since her husband has asked her for a divorce and she feels was very much coached into it.

My daughter feels that a therapist her husband was seeing, which she
didn’t even know about, has convinced him to get a divorce from her
from urging him over a period of time. She had no idea there was a
problem until he just told her one day he wanted a divorce. They have
two beautiful children and this has been a complete hardship for her.
She is very upset and has asked me to look into reasearch for her. So,
since I live so far away from her and want to help her in any way I
can, that is why I am asking you this question. Thank you very much, a
mom who cares.

Asked on May 9, 2016 under Family Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, she cannot sue the therapist for several reasons:
1) The therapist has no duty or obligation to her: his duty and professional obligation  is to his patient. When there us no duty, there is no liability.
2) Even if there had been a duty or obligation to your daughter, if the therapy and advice to her husband was sound, then even if it was unfortunate for your daughter, the therapist did not commit malpractice or otherwise do anything wrong.
3) At the end of the day, regardless of advice, your husband made his own decision and could have chosen otherwise. The therapist is not liable to your daughter for her husband's choices.

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