I refer all of my clients to a mental health professional. Marriage problems and divorce take an extreme toll on people. This usually requires professional assistance. In addition, a therapist can help a person unravel and diagnose marriage problems such as abuse. The therapist can potentially be a witness at a trial.
A common mistake is that people often bring their spouse to one or more therapy sessions in an attempt to assist the therapist in counseling regarding the marriage. Another mistake is that people do not educate themselves on the different types of mental health professionals. Without attempting to list all of them, there are “social workers,” “marriage and family therapists,” “psychologists,” and “psychiatrists.” Each has its own qualifications and duties.
Most people visit marriage and family counselors. These counselors do not have to have medical degrees or psychology degrees. They are generally only required to have at least a masters degree in marriage and family therapy. While they are quite qualified to perform their assigned duties, these qualifications may not be sufficient for certain expert testimony in court.
Another consideration is that these counselors are specifically prohibited by Miss Statute, 73-54-39, from testifying in Court in a domestic action if both of the parties have received therapy from the same therapist. This could result in the loss of critical testimony.