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NC General Statutes

N.C. Gen. Stat. § 8-53.6 (2026)

No disclosure in alimony and divorce actions

✓ current as of July 2026
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In an action pursuant to G.S. 50-5.1, 50-6, 50-7, 50-16.2A, and 50-16.3A if either or both of the parties have sought and obtained marital counseling by a licensed physician, licensed psychologist, licensed psychological associate, licensed clinical social worker, or licensed marriage and family therapist, the person or persons rendering such counseling shall not be competent to testify in the action concerning information acquired while rendering such counseling. (1983, c. 410, s. 8; 2001-152, s. 1.)

 

Notes of Decisions
Cited in 12 cases, 1986–2020 · leading case: In Re the Investigation of the Death of Miller, 584 S.E.2d 772 (N.C. 2003).
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In Re the Investigation of the Death of Miller, 584 S.E.2d 772 (N.C. 2003). · cites it 3× “With respect to statutorily established privileges, we also find it notable that with other types of privileged communications, such as the clergyman privilege, the General Assembly has made these in essence absolute by not including any provision for a judge to “com *330 pel…”
State v. Fullwood, 373 S.E.2d 518 (N.C. 1988). · cites it 2× “may, subject to G.S. § 8-53.6, compel disclosure if in his opinion disclosure is necessary to a proper administration of justice.”
Cates v. Wilson, 361 S.E.2d 734 (N.C. 1987). · cites it 2× “Any resident or presiding judge in the district, either at the trial or prior thereto, or the Industrial Commission pursuant to law may, subject to G.S. 8-53.6, compel disclosure if in his opinion disclosure is necessary to a proper administration of justice.”
Adams v. Lovette, 411 S.E.2d 620 (N.C. Ct. App. 1992). · cites it 2× “§ 8-53 provides in pertinent part as follows: No person, duly authorized to practice physic or surgery, shall be required to disclose any information which he may have acquired in attending a patient in a professional character, and which information was necessary to enable him…”
Crist v. Moffatt, 389 S.E.2d 41 (N.C. 1990). “Any resident or presiding judge in the district, either at the trial or prior thereto, or the Industrial Commission pursuant to law may, subject to G.S. 8-53.6, compel disclosure if in his opinion disclosure is necessary to a proper administration of justice.”
State v. Westbrook, 623 S.E.2d 73 (N.C. Ct. App. 2005). “may, subject to G.S. 8-53.6, compel disclosure if in his opinion disclosure is necessary to a proper administration of justice.”
Cates v. Wilson, 350 S.E.2d 898 (N.C. Ct. App. 1986). “Confidential information obtained in medical records shall be furnished only on the authorization of the patient, or if deceased, the executor, administrator, or, in the case of unadministered estates, the next of kin.”
State v. Barlow, 401 S.E.2d 368 (N.C. Ct. App. 1991). “may, subject to G.S. 8-53.6, compel disclosure if in his opinion disclosure is necessary to a proper administration of justice.”
Mosteller v. Stiltner, 727 S.E.2d 601 (N.C. Ct. App. 2012). “may have acquired in rendering professional social services, and which information was necessary to enable him or her to render professional social services: provided, that the presiding judge of a superior or district court may compel such disclosure, if in the court’s opinion…”
Brewer Ex Rel. Leach v. Hunter, 762 S.E.2d 654 (N.C. Ct. App. 2014). “Any resident or presiding judge in the district, either at the trial or prior thereto, or the Industrial Commission pursuant to law may, subject to G.S. 8-53.6, 2 compel disclosure if in his opinion disclosure is necessary to a proper administration of justice.”
State v. Scott (N.C. Ct. App. 2020). “Any resident or presiding judge in the district, either at the trial or prior thereto, or the Industrial Commission pursuant to law may, subject to G.S. 8-53.6, compel disclosure if in his opinion disclosure is necessary to a proper administration of justice.”
State v. Scott (N.C. Ct. App. 2020). “Any resident or presiding judge in the district, either at the trial or prior thereto, or the Industrial Commission pursuant to law may, subject to G.S. 8-53.6, compel disclosure if in his opinion disclosure is necessary to a proper administration of justice.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.