If you suspect your spouse is cheating, you may be considering whether hiring a private investigator (P.I.) is the right move. Infidelity can play a significant role in divorce cases and certainly marital misconduct is one of the statutory factors the courts consider in marital litigation. In this blog, we’ll explore the role of a private investigator in divorce, potential risks, and additional considerations to help you decide if it’s the right course of action.

Watch this video for insights from Family Law Attorney Emily Johnston on hiring a P.I. to investigate suspected cheating:

Private Investigator for Divorce: What Do They Do?

A private investigator’s primary role in a divorce case involving infidelity is to gather solid evidence that can support claims of adultery. This evidence may influence decisions around property division, alimony, and custody arrangements, depending on your state’s laws. A private investigator might use the following methods to gather evidence:

• GPS tracking: A P.I. may attach a tracker to your spouse’s vehicle to monitor their movements and verify suspicions about their whereabouts.
• Surveillance: Old-fashioned surveillance is still one of the most effective methods. A P.I. can track your spouse’s activities, observe where they go, and whom they meet.
• Photography or video evidence: Using cameras or discreet observation, a P.I. can capture moments of infidelity, offering visual proof for your case.

Hiring a P.I. is often done through a law firm, ensuring that the evidence gathered is admissible in court and aligns with legal protocols.

Risks of Hiring a Private Investigator

While hiring a private investigator can be helpful in a divorce case, it’s not without risks. Here are a few considerations to keep in mind:

• Legal boundaries: A private investigator must operate within the law. Placing illegal tracking devices or trespassing to gather evidence could not only harm your case but also result in legal repercussions for both you and the P.I.
• Emotional strain: Learning the truth about your spouse’s infidelity can be emotionally devastating. Be sure that you’re ready to handle the results of the investigation, no matter the outcome.
• Cost: Private investigators charge for their services, and costs can add up quickly, especially if extensive surveillance or sophisticated technology is needed.

Before moving forward, weigh the risks and potential benefits. Consulting with your attorney is always the best step to make sure that hiring a P.I. is the right strategy for your situation.

Other Key Considerations for Hiring a Private Investigator

1. How Evidence from a Private Investigator Can Impact Your Divorce Case
   Evidence of infidelity can influence certain aspects of divorce, such as alimony or even child custody arrangements in some states. However, not all states treat adultery as a decisive factor. Your attorney can help you understand how such evidence may affect your case in South Carolina.
2. Protecting Your Privacy
   When hiring a private investigator, you also want to ensure that your privacy is maintained throughout the process. Make sure to work with a licensed P.I. who understands the importance of confidentiality.
3. Gathering Evidence Without a P.I.
   While private investigators offer professional expertise, there are ways you can gather evidence independently—such as documenting changes in your spouse’s behavior, communication patterns, and finances. However, ensure that any evidence you collect on your own is legally obtained to avoid jeopardizing your case.
4. Trust issues if you’re wrong: One of the biggest risks is being wrong in your suspicions. If your spouse isn’t cheating but finds out that you’ve hired a private investigator, it can cause significant damage to your relationship. The mere fact that you doubted their fidelity could result in a loss of trust, making any attempts at reconciliation more difficult.

Before moving forward, weigh the risks and potential benefits. Consulting with your attorney is always the best step to make sure that hiring a P.I. is the right strategy for your situation.

Is Hiring a Private Investigator Right for You?

Ultimately, deciding to hire a private investigator is a personal and strategic choice that depends on your unique situation. If you feel confident that your spouse is cheating and want concrete evidence to support your divorce case, a P.I. may be the right step. However, it’s always recommended to consult with your divorce attorney before proceeding, as they can guide you on how this will affect your legal strategy.

Johnston Family Law – Divorce Attorneys in Charleston

At Johnston Family Law, we understand that navigating the emotional and legal complexities of a divorce can be overwhelming. Whether you’re considering hiring a private investigator or need advice on how to proceed with your divorce, our experienced team is here to help. We devote our practice to family law matters, including divorce, alimony, and child custody, and we will work to protect your interests every step of the way.

If you’re seeking more information on Charleston Divorce Attorneys or how hiring a P.I. could impact your case, fill out the form below.