You’ve probably seen it in countless old movies and TV shows – someone hiring a private investigator (PI) to follow their spouse so they can take pictures of them as they meet up with another man or woman for an affair or engage in some other activity that will give them solid grounds for divorce. Of course, most divorces are “no-fault” these days, and a spouse’s adultery likely isn’t going to give you a better outcome in the settlement. Besides, it’s easier to get evidence of wrongdoing by going through their phone or searching their browser history on their laptop.
Nonetheless, some people still choose to hire a PI to find evidence that their spouses are hiding assets, losing considerable money gambling or maybe even supporting another family. They may want to prove that their spouse is engaging in activity involving drugs, pornography or organized crime that would give them ammunition to seek sole custody of the children.
There may be solid reasons to investigate your soon-to-be ex – especially if you believe they haven’t been honest about the assets you will be dividing, have hidden debts or aren’t fit to share child custody. However, you should never do that on your own.
It’s crucial to share any concerns with your legal team – even if you only have a suspicion. They likely know a variety of investigators and other professionals who can do any kind of digging they agree is warranted. For example, forensic accountants are often brought in to find undisclosed assets, debts and financial wrongdoing.
What can happen if you don’t trust the investigating to your legal team?
Hiring a PI or even doing too much sleuthing on your own can backfire. If your spouse can show a judge that you violated their privacy or used potentially illegal means to access confidential information, that judge may consider that worse than whatever it is you learned about them.
Further, you can never know how your spouse will react when they learn you’ve been spying on them. This could turn a fairly amicable divorce into a messy one. You may have to prepare for things you never wanted brought up to be exposed. Your spouse may end up fighting for things they don’t even want just to get back at you.
If you’ve already got information on your spouse gathered by a PI, it’s important to share it with your legal team. They can determine whether it’s admissible and worth using. However, if you haven’t yet taken that step, it’s crucial not to do so. Instead, make sure that you have experienced legal guidance to work toward the best possible outcome.