Divorce

If you believe that the judge should know about your medical treatment and costs when deciding whether to award alimony, you can give the court reports and bills related to your medical care in any case involving spousal support in domestic relations district court.¹ You must give your spouse a copy of this evidence along with a written notice of your plan to use it at least 30 days before your trial is scheduled. To be accepted by the court, this evidence must include a sworn statement from either:

• the person in charge of managing your doctor’s records (the “custodian of the record”) confirming that the reports and bills provided are a true and accurate copy of the original; or
• a sworn statement from your doctor confirming that:

1. the doctor treated you;
2. the report is true, accurate, and includes a full description of both your treatment and any conclusions that your doctor reached; and
3. any bill included with the report is true and accurate.² 

Your spouse must file any response to this evidence at least 15 days before the trial is scheduled.³ If it becomes necessary for the doctor or the custodian of the record to testify in person, the court will determine whether you or your spouse needs to pay the costs of that person’s appearance. If appropriate, the judge may split the cost between you.² 

¹ Va. Code § 16.1-245.2(A)
² Va. Code § 16.1-245.2(A)(2)
³ Va. Code § 16.1-245.2(B)