Can I Access My Spouse’s Medical or Psychological Records During Divorce in Colorado?

When going through a divorce—especially one involving child custody or parenting concerns—questions about your spouse’s mental or physical health may feel painfully relevant. If you’re wondering whether you can request their medical or psychological records in Colorado, the answer is: possibly. But it’s not automatic, and it’s handled with deep respect for privacy.

At Onward, we know how emotionally fraught these situations can be. You may be trying to protect your children or make informed decisions while still navigating a complex legal process. Here’s what you need to know if you’re considering requesting your spouse’s records.

Medical and Mental Health Records Are Protected by Law
Federal HIPAA laws and Colorado state privacy protections make it very clear: medical and psychological records are private. You can’t access them unless your spouse gives written consent—or unless the court orders it.

That means even in a contentious divorce, these records remain off-limits unless you can demonstrate a compelling reason.

When Might the Court Allow It?
A judge will only consider your request if the information is truly relevant to the case. Most often, this comes up in custody or parenting time disputes, especially if:

• A parent’s mental or physical health might impact their ability to care for the child
• There are concerns about safety, substance use, or supervised parenting time
• A psychological evaluation or parental responsibility evaluation is already in process

Even then, the court proceeds cautiously—balancing the need for transparency with the other party’s right to privacy.

How to Request Medical or Psych Records in Colorado
To pursue this, you (or your attorney) will need to:

1. File a formal motion with the court, explaining exactly why the records are necessary.

In Colorado those forms are

JDF 85 – Motion and Order to Issue a Subpoena — This is used to ask the court’s permission to issue a subpoena, which may be necessary for compelling production of documents (including medical records) under certain conditions.

JDF 80 – District Court Subpoena (or JDF 80.2 for County Court) — The actual subpoena form directing the custodian of records to produce certain documents (e.g., medical records).

2. Show how the information directly relatesto a specific issue in your case

3. Be precise—you may need to specify dates, providers, or types of care (e.g., therapy, inpatient treatment)

4, Understand that the court may first review the records privately (“in camera”) before deciding what to share

This isn’t a blanket request. You can’t ask for everything—they’ll want specificity, relevance, and justification.

Expect Objections—and a Careful Review
If your spouse or their attorney objects (and they often do), the judge will weigh both sides carefully. The central question becomes: Does your need for this information outweigh their right to privacy?

In Custody Cases, Mental Health May Be Evaluated
If mental health is a concern related to parenting, the court has additional tools:

• It can order a Parental Responsibility Evaluation
• It may request a psychological exam under Rule 35 of the Colorado Rules of Civil Procedure

These are formal evaluations performed by licensed professionals, not casual opinions. If you’re worried about your co-parent’s fitness, these evaluations may be more appropriate—and more effective—than seeking access to private records.