According to the National Institutes of Health (NIH), spouses who work with marriage counselors are approximately 75% more likely to achieve positive mental health outcomes compared to those who do not. But while marriage counselors often help spouses avoid divorce, even the most talented psychological professionals cannot save irretrievably broken marriages. Spouses who have previously worked with marriage counselors may wonder about the role of these professionals during divorce proceedings. For spouses who choose divorce mediation, there may be an opportunity to bring marriage counselors to the negotiation table. How might these individuals contribute to the discussions? Can a marriage counselor reveal sensitive details during divorce? Spouses may wish to explore these questions with an experienced divorce lawyer in South Carolina. Consider calling King Law Offices at (888) 748-KING to learn more.
Marriage Counselors are Subject to Patient Confidentiality
Like many other therapists and mental health professionals, marriage counselors must keep certain information confidential. Even though marriage counselors may not be “doctors” in a strict sense, they are still subject to the basic rules of doctor-patient privilege. In other words, ethical and professional guidelines prevent them from repeating the details of marriage counseling sessions in public. This can be problematic during divorce proceedings, especially when marriage counselors are required to reveal certain details.
During a divorce trial, a judge could theoretically order a marriage counselor to violate these confidentiality rules. In the legal world, this is called a “subpoena.” On the other hand, divorce mediation is a less formal process geared toward mutual consent and understanding. In addition, mediation is a private process with its own confidentiality rules – unlike a public trial with various onlookers. As a result, marriage counselors could contribute to the mediation process without violating their own confidentiality rules. That said, both spouses may need to give their permission for the counselor to reveal certain details in the presence of the mediator. If the divorce counselor had a one-on-one session with a particular spouse, only that spouse can allow the counselor to reveal what they discussed with others.
Marriage Counselors Can Theoretically Act as Mediators
Marriage counselors can act as mediators during divorce mediation. That being said, the United States District Court for the District of South Carolina states that only people with legal qualifications can act as mediators. These qualifications include admittance to a state bar, five years of legal experience, and a Juris Doctor degree. If a marriage counselor were to act as a divorce mediator, they would need to meet these requirements. Although such multi-disciplinary individuals are not unheard of, it is more common for marriage counselors to play a supporting role in discussions led by lawyer-mediators. To learn more about how a lawyer can contribute to divorce mediation, consider a consultation at King Law Offices.
Marriage Counselors May Help With the Emotional Aspects of Divorce
Divorce represents one of the most difficult mental health challenges imaginable. The NIH states that this life event is “positively associated” with 18 mental disorders, including post-traumatic stress disorder (PTSD), major depression, and substance abuse. Although lawyers and mediators may help with the logistical aspects of divorce, spouses may need additional guidance with their mental health challenges. Often, counselors help spouses address their feelings and develop healthy coping mechanisms during divorce. These counseling sessions may occur outside of the negotiation room while still addressing the outcomes of divorce mediation.
Alternatively, the counselor may offer suggestions during the actual divorce mediation process. Based on their mental health qualifications and familiarity with the couple, a counselor could offer unique insights. Again, these suggestions will likely involve emotional or psychological issues rather than logistical decisions. For example, a marriage counselor may be familiar with the “triggers” that tend to cause conflict between the spouses. This may allow the counselor to point out how a certain decision could cause future disputes. For example, a common source of conflict during the marriage may have been the constant lateness of one spouse. If the divorce agreement does not include a clear schedule for child custody exchanges, the counselor could flag this issue and highlight the importance of timely exchanges. Contributions such as these could help spouses avoid lasting bitterness and resentment many years after the legal divorce process ends.
Marriage Counselors are “Mandated Reporters” in South Carolina
Like many other states, South Carolina requires certain people to report child abuse as soon as they become aware of it. These individuals are called “mandated reporters,” and the South Carolina Department of Social Services states that they include counselors and mental health professionals. If a marriage counselor becomes aware of child abuse during sessions with spouses, they must report it to the appropriate government agencies immediately. Some spouses may approach divorce mediation after marriage counselors have already made these reports.
Not only does this mandatory reporting represent a notable exception to doctor-patient privilege, but it could also affect the divorce outcome. Even if the marriage counselor does not contribute to mediated discussions, their prior child abuse report could become a central issue during negotiations. A mediator may help spouses understand how the child abuse report could affect a future divorce trial. If the mediation process fails, the child abuse report will almost certainly be entered into evidence – and it will likely affect child custody outcomes. These realities could encourage spouses to create an appropriate custody agreement without going to trial. This agreement would likely shift physical custody away from the spouse accused of child abuse. A spouse previously reported for child abuse may prefer to deal with this issue in private, rather than having the details examined during a public trial.
Learn More About Your Legal Options Regarding Divorce Mediation From King Law Offices
One of the benefits of divorce mediation is the ability to involve various professionals in the negotiation process. Although marriage counselors can certainly contribute in various ways, others may also help. Examples include child psychologists, financial professionals, and anyone else who can shed light on technical, scientific, or complex subjects. When preparing for divorce mediation in South Carolina, spouses may want to discuss the potential involvement of these professionals with their lawyers. Consider continuing this discussion by calling King Law Offices at (888) 748-KING.