Medical Records and Divorce

Medical treatment and divorce cases share one very obvious element – they are both inherently very personal processes.  With both medical treatment and divorce, you will likely be required to disclose personal information to relative strangers.  During medical treatment and divorce cases, you are likely to disclose information you would prefer remain confidential.  There are some circumstances when your medical records or those of your spouse may become relevant and admissible in your divorce case.

During most divorces, you will go through a process called “discovery.”  During discovery, parties may request that the other party disclose particular information.  Parties may request information that is reasonably designed to lead to admissible evidence.  This could include medical records.  Medical records can be relevant in divorce for several reasons.  One of the most common reasons that people may request medical records is for custody battles.  During a custody battle, a New Jersey judge will make a custody determination based on what is in the child’s best interest, which is made based on a list of factors in the New Jersey statutes.  The primary inquiry for any custody issue is how to make sure that a child’s health, safety, and welfare are adequately protected.  If medical records can demonstrate that a parent is unable to provide for a child’s daily care or welfare, then the medical records may be relevant to help show that parent is unable to provide primary care for a child.

Another reason medical records may be relevant is if one party is claiming that he or she is unable to work.  Inability to work or earn income is important when deciding issues of child support or spousal maintenance.  There are definitely times that a spouse or parent is unable to work because of a valid, medical issue.  However, if a parent is attempting to lower a support obligation by feigning illness, medical records can help demonstrate that parent is totally capable of providing needed financial support.  If the medical records can help to prove a parent is actually able to generate income, then a court is free to impute an income to the parent claiming inability to work. 

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We have extensive experience with helping our clients what types of information is important for your divorce or family law case.  Contact us today to discuss your case and how we can help you. 

Are you interested in seeking an annulment? If so, contact Williams Law Group, LLC right away. Our family law attorneys will review your case to determine if an annulment is an option. If it is, we will guide you through the process and ensure you make the best decisions for your future. Call our office at (908) 738-8512, email us, or contact us through our confidential online form to schedule a consultation Download our Free Resource Guide today!

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