QUESTION
Is it a good idea or even possible to subpoena her medical records for the divorce?
Asked on Sep 16th, 2012 on Divorce - Indiana
More details to this question:
My wife has been estranged for a couple of weeks now, and had no desire to reconcile. She gave no good reasons for not trying to fix the relationship, but I found out from a friend that she has been involved with someone else. She has confirmed this. The same source also told me that the "miscarriage" we had a couple years ago was actually an abortion. My wife has denied this. Is it a good idea or even possible to subpoena her medical records? How would the court view and react to this if it is true?
1 ANSWER
Whether she had an abortion or a miscarriage will not effect anything in your divorce. Indiana is a no fault state. You have no right to subpoena her medical records in a divorce unless she puts the issue of her health before the Court (i.e. says she is disabled). If her health is a concern as to the welfare of your children, you may be able to have her examined by an independent doctor and/or get medical records, but medical records that pertain to an abortion or miscarriage would not be included in those at it has no bearing on whether or not the children are safe with her. If she had an abortion and lied to you, she shouldn't have lied to you, but it is not illegal and has no bearing on your divorce. Most judges would be more upset with you for asking for the records for this purpose than they would be at her even if the allegation is true.
Answered on Sep 21st, 2012 at 12:21 AM