Discovery of Counseling Records

For some reason, most attorneys are unaware of the inability of a martial counselor to potentially testify.  Mississippi Code Annotated 73-54-39 provides that
         
"If both parties to a marriage have obtained marriage and family therapy by a licensed marriage and family therapist, the therapist shall not be competent to testify in an alimony, custody or divorce action concerning information acquired in the course of the therapeutic relationship."

That statute appears to be limited to those with the credentials and if both parties sought/had counseling. So any inquiry under this statute requires two questions:  (1)  Is the counselor a licensed marriage & family therapist?   (2)  Was it joint counseling?  If the answer to either question is no, you may get the records.