Insights | Articles

FAQ 2 about Waiver of Mental Health Privilege & Maryland Divorce

By Lindsay Parvis


Mental Health Privilege & Maryland Divorce Blog Law Series – Part 8

FAQ 2 about Waiver of Mental Health Privilege & Maryland Divorce:
Is waiver forever?

No.  Davis v. Petito, 187 Md.App. 487 (2011), sheds some light:

  • The court may not retroactively revoke privilege
  • Privilege may be revoked from “now” and going forward
  • Privilege waiver may end when the trial/case concludes, if not revoked before

Helped by In re BL3 (Md.App., No. 703, September Term 2017, Unreported (January 19, 2018);  predates Rule 1-104):

  • A signed waiver for one purpose (such as releasing records to CPS) operates as a waiver in the litigation until revoked


  • Revoke privilege at the latest when the trial is done / settlement is reached
  • Put revocation in writing
  • Share the revocation with current mental health providers, so they are aware

About The Author

Lindsay Parvis

“Informed decisions lead to empowered action. I make complex information & advice understandable & manageable. So my clients can focus on what matters most… their family & building a better future.”

View Bio

Subscribe to JGL Insights

With our attorneys’ wealth of industry knowledge, we specialize in providing leading information to our clients.

Let’s Talk.