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Hawaii Revised Statutes

Haw. Rev. Stat. § 451J-13 (2025)

] Therapist prohibited from testifying in alimony and divorce actions

✓ laws through the 2025 session: the 2026 session is not included
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     [§451J-13]  Therapist 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 marriage and family therapy by a licensed marriage and family therapist, the therapist shall be prohibited from testifying in an alimony or divorce action concerning information acquired in the course of therapy.  This section shall not apply to custody actions whether or not part of a divorce proceeding. [L 1998, c 159, pt of §2]

 

 

     §451J-13  Therapist prohibited from testifying in alimony and divorce actions.  [Section effective July 1, 2026.  For section effective until June 30, 2026, see above.]  If both parties to a marriage have obtained marriage and family therapy by a licensed marriage and family therapist or licensed associate marriage and family therapist, the therapist shall be prohibited from testifying in an alimony or divorce action concerning information acquired in the course of therapy.  This section shall not apply to custody actions whether or not part of a divorce proceeding. [L 1998, c 159, pt of §2; am L 2024, c 93, §10]

 

Case Notes

 

  Where therapist's testimony pertained solely to the custody part of the divorce case, the prohibition against a therapist's testimony under this section did not apply.  112 H. 437 (App.), 146 P.3d 597 (2006).

 

 

Notes of Decisions
Cited in 1 case, 2006–2006 · leading case: Sussman v. Sussman, 146 P.3d 597 (Haw. App. 2006).
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Sussman v. Sussman, 146 P.3d 597 (Haw. App. 2006). · cites it 2× “The HRS § 451J-13 prohibition applies in situations where “both parties to a marriage have obtained marriage and family therapy by a licensed marriage and family therapist!.”
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