If I am contemplating divorce, can my psychotherapy notes be subpoenaed?

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If I am contemplating divorce, can my psychotherapy notes be subpoenaed?

Or can the psychotherapist be called to witness? I am about to attend counseling and am wondering how much I should share?

Asked on October 29, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally, Texas follows the federal rules of evidence which allow parties to claim doctor-patient privileges.  Communications to a phsychotherapist who is licensed would qualify to make any communications to them confidential.  However, there are exceptions which could be invoked.  Many people go to therapists thinking that the privilege is automatic and absolute.  Because there are exceptions, you may want to consider limiting your conversations with the psychotherapist, at least until you have the details of your divorce worked out.... because details that you do share could be potentially disclosed in a very embarassing way later.


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