Private investigators don’t play as much of a role in divorce cases as they once did. Spouses no longer have to prove adultery or some other “fault” to get divorced. Technology also allows spouses to spy on each other if they feel the need to (not that it’s wise). The Internet has made it easier for the average person to locate police records and other information on someone’s background that they may have tried to put behind them.
Some spouses who are considering or in the midst of divorce still consider bringing in a PI to find evidence of what they can’t. Often, it’s related to child custody. They may want proof that their spouse isn’t the responsible parent they claim to be – particularly if they’re already separately co-parenting.
Some PIs can help find hidden assets or evidence of financial finagling that some people use to get out of a fair property division settlement or paying what they should in spousal or child support. However, a forensic accountant might be a better choice for that job.
How hiring a PI can backfire
First, you should never hire a PI to investigate your soon-to-be ex without first consulting your legal team. They may have someone they work with and trust. They also may know that the judge in your case disapproves of the use of such tactics.
Further, if your spouse learns that they’ve got a PI digging into their lives or their finances, it’s only going to make the divorce more confrontational. They could also decide to do the same. Think carefully about what they could dig up if they were determined to get back at you.
All of these factors and more are crucial to consider before you take action that could be considered an invasion of privacy. Certainly, if your spouse is hiding or transferring assets to keep you from getting them, that’s something you want to find out. So is determining whether they’re taking your child places that are unsafe or leaving them alone during their parenting time.
Digging up an old DUI that was expunged years ago likely isn’t going to benefit you or your child. That’s why, as noted, having legal guidance is important. This can help you consider the question carefully and less emotionally and make the best decision for you and your family.
