Generally, people have the right to seek discovery of any evidence relevant to their claims or defenses in divorce actions. Issues can arise, however, when the information sought is private or generally protected from disclosure. In a recent legal ruling issued in favor of the wife, a Florida court addressed the question of how to balance an individual’s privacy rights with the need for pertinent medical information in divorce proceedings. Attorney Sandy T. Fox, who represented the wife, successfully demonstrated that the husband waived his right to privacy by placing his health at issue. If you are considering ending your marriage, it is important to understand how your decision may impact your right to privacy, and it is smart to talk to a Miami divorce attorney.
Factual and Procedural Background
It is reported that the husband and the wife were married for over four decades. The husband filed for divorce, and the wife responded with a counter-petition seeking alimony. The wife subsequently requested that the husband provide his medical, psychological, health, and mental health records for the preceding three years. Despite the husband’s objections, the court granted the wife’s request. The husband filed a petition for a writ of certiorari.
Compelled Disclosure of Medical Records in Divorce Actions
The court ultimately denied the husband’s petition. In doing so, it explained that in order for a writ of certiorari to issue, the petitioner must demonstrate specific criteria: the challenged order should deviate from essential legal requirements, lead to significant harm for the case’s remainder, and be uncorrectable after judgment. Continue reading ›