Privacy and Divorce Cases

During the divorce procedure, the process of finding unknown information about your partner is commonly referred to as discovery. The purpose of discovery is to help the judge determine a reasonable, although not always equal, division of all assets acquired during marriage.

One way to acquire this information is through interrogations and detailed questions that a spouse is required to answer. Privacy may be invaded, but individuals have the right to find out if their partners are hiding assets like say stocks or keeping money in a hidden bank account.

If you or your spouse is asking for child support that is outside spousal support or the guidelines established, then he or she must submit a detailed financial statement containing all expenses, such as mortgage and various household expenses, no matter how major or minor they may be. This financial statement must also contain a list of all investments and income whether cars, jewelry, gold, stocks or bank accounts.

A spouse can also pry into your medical records to see if you’ve undergone therapy or have had treatment for any emotional, physical or mental conditions. This includes alcoholism and drug addiction. Although treatment for pneumonia or a bad sprain may be unimportant to the divorce proceedings, treatment for a drinking problem may greatly affect your chances of obtaining custody of your children.

A spouse can even file for a court order requiring you to take a physical or mental examination. Your spouse must first be able to show proof of a condition of yours that may support his case. Your attorney, however, will be given an opportunity to argue against such an order.

You must also keep in mind that your spouse will likely try to access your medical records. Should you wish to keep these records private, you must, in written form, forbid your physician from doing so as in some States health-care professionals and providers are allowed to release medical records to family members, even without the authorization of the patient, as long as the disclosure is in accordance with good professional practice.

If you’re considering getting a divorce in North Carolina, contact an experienced NC divorce lawyer from McIlveen Family Law Firm at (704) 865-901 to discuss your case.