It’s no secret that divorcing couples often lack trust and communication in their relationship. As a result, when it comes to the point in the divorce where parties need to identify all of their martial assets and debts through the discovery process, there’s often a level of skepticism between the parties about each other’s honesty and willingness to provide full disclosure.
Additionally, divorcing parents will also need to begin discussing arrangements for custody, parenting time, child support, and alimony, which can quickly turn even the most reasonable couples into feuding adversaries.
Sometimes couples need help getting through muddy divorce waters and will hire a private investigator. There are many reasons to consult with an independent investigator in divorce, and it’s not always as simple as trying to catch a spouse in a bad act, like an affair.
Many spouses look to private investigators to locate missing or hidden assets, to identify risky or dangerous behavior that would impact a judge’s custody decision, or to evaluate whether a spouse is honest about the need for or inability to pay alimony.
Before you consider hiring a private investigator, speak with a family law attorney to ensure that you depend on someone reputable, licensed, and qualified to gather evidence for your case. Requirements for private investigators vary by state, but typically, a trained investigator is someone who meets minimum age, work, and education standards.
An experienced investigator can help you obtain essential information in your divorce, but if you hire someone who doesn’t meet state standards, routinely breaks the law to gather the evidence, or is a scam artist, you risk the court denying the evidence, which can significantly damage your case.
Like licensing requirements, each state has standards that investigators must follow before collecting evidence. Experienced investigators have a variety of methods for gathering evidence for your divorce case, including:
It’s critical that your investigator follow state law while collecting evidence. If there is any question about how the investigator obtained the evidence, the court may not allow you to introduce it or use it in your divorce case.
One of the most contentious aspects of any divorce is when either spouse asks for financial support from the other. The court may award alimony, or spousal support, in cases where one spouse earns more than the other, a spouse can’t work due to health or other special circumstances, or in some states, if either spouse’s marital misconduct caused the divorce.
In most states, there’s no specific formula for a judge to determine the amount of spousal support or the length of time a spouse should pay, but typically, the court will consider:
Regardless of where you live, if you would like a divorce, you can file using the state’s no-fault divorce process. No-fault divorces are less expensive and time-consuming than a fault divorce because you’ll only need to demonstrate that you meet your state’s no-fault requirements (usually, by showing that you’ve experienced irreconcilable differences, you’re incompatible with your spouse, or that you are physically separated.) A fault divorce is more complex and requires more time and money to be successful because you’ll need to allege a state-approved fault ground, and then you’ll need to prove it.
While no-fault divorce is more practical than fault-divorce, if your spouse engaged in certain types of marital misconduct, you still may be able to use it as a factor in your spousal support award.
Many states allow a divorcing spouse to introduce evidence of a spouse’s marital misconduct, like an affair, to obtain a better property or support award. For example, if your spouse took a “business trip” that turned out to be a secret vacation with a lover and used your marital money to do it, you can introduce evidence of that trip and ask the court to reimburse your portion of the martial funds back to you. In some cases, the court may order a dollar for dollar reimbursement or may require the cheating spouse to pay additional alimony.
Even using the best private investigator doesn’t guarantee a spousal support award in your divorce. However, if you can prove to the court that your spouse’s actions were the direct cause of your relationship’s demise, or that your spouse wasted a significant amount of marital funds, you may walk away from the divorce with more money in your pocket. Investigators can use state-approved methods to follow your spouse and obtain evidence of the act or to demonstrate that your spouse is using marital cash on a third party.
Additionally, if your ex realizes that paying spousal support is inevitable, your spouse may attempt to temporarily reduce income by working less, quitting a job, or hiding assets. A private investigator can help locate missing assets (bank accounts or credit cards), determine whether your spouse voluntarily reduced income, or prove that your spouse is receiving untraceable cash for work instead of a paycheck.
In some alimony cases, spouses will attempt to convince the court that they can’t work due to a health issue. A private investigator can help by providing photos of your ex-spouse playing sports, attending family gatherings, or visiting with friends at the bar.
There’s no sure-fire way to win an alimony case, and hiring a private investigator won’t guarantee success, but the more evidence you present, the better your chances. Before you hire a private investigator, consult with an experienced attorney who can recommend a reputable agency and advise you on the steps to take to be successful.
