A judge can order a party to a Georgia divorce to submit to a physical or mental examination, but not simply because the other spouse would like to see the results.
What the Statute Requires
OCGA 9-11-35 allows the court to order a party to submit to a physical examination by a physician, or a mental examination by a physician or a licensed psychologist, when that party’s physical or mental condition is in controversy. The order may be entered only on a motion showing good cause, and it must specify the time, place, manner, conditions, and scope of the examination. The party examined may ask for a copy of the report. A psychological custody evaluation is a different thing, ordered under Georgia’s custody statute.
Putting a Condition “In Controversy”
In Morris v. Turnkey Medical Engineering, Inc., 317 Ga. App. 295 (2012), the Court of Appeals held that “a plaintiff in a negligence action who asserts mental or physical injury, places that mental or physical injury clearly in controversy and provides the defendant with good cause for an examination to determine the existence and extent of such asserted injury.” The same idea governs a divorce: it is the spouse who puts a condition at issue who opens it to examination.
Good Cause Is Not Automatic
In Courtesy Ford, Inc. v. Campbell, 359 Ga. App. 472 (2021), the Court of Appeals repeated that “the granting of an order for physical examination is permissive, not mandatory, and may be entered only for good cause shown,” and that “[a] relevant factor in this determination is the ability of the movant to obtain the desired information by other means.” The trial court there denied two requests for examinations because two years of medical records were already available, and that was no abuse of discretion.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!