In Re Marriage of Roney

I respectfully dissent and would affirm the decision of the trial court. The majority opinion fails to address the special rules which apply when the fifth amendment is sought to be exercised in a civil case.

The interests of fundamental fairness and substantial justice outweigh the protections afforded by a privilege where plaintiff seeks to utilize those protections as a sword (rather than a shield) to prevent disclosure of relevant, probative, admissible, and not unduly prejudicial evidence. D.C. v. S.A., 178 Ill. 2d 551, 570, 687 N.E.2d 1032, 1041 (1997) (therapist-recipient relationship).…