HRS §453D-14
Mental health counselors cannot testify in divorce cases
If both spouses saw the same licensed mental health counselor, that counselor cannot testify in court about what was said during counseling in alimony or divorce cases. This rule does not apply to child custody cases, even if they are part of a divorce.
spouses
The statute, as written — Mental health counselor prohibited from testifying in alimony and divorce actions
[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] If both parties to a marriage have obtained mental health counseling from a licensed mental health counselor, the counselor shall be prohibited from testifying in an alimony or divorce action concerning information acquired in the course of mental health counseling. This section shall not apply to custody actions whether or not part of a divorce proceeding.
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