Many individuals in a divorce consider hiring a private investigator, hoping to uncover information that could affect the outcome of the case. While hiring a private investigator (PI) may seem like a good way to gather evidence that otherwise would not be found, it comes at a high cost with both potential advantages and risks.
The Pros of Hiring a Private Investigator During a Divorce
- Uncovering Hidden Assets
If you suspect that your spouse is hiding money, property, or other valuable items in order to avoid equitable distribution of these assets, a private investigator—who has both special legal authority and access to tools that regular citizens do not have can help locate those assets.
- Protecting Your Interests and Those of Your Children in Child Custody Cases
You may need to demonstrate that your spouse is an unfit parent, unable to exercise the custody or parent time schedule that he/ she proposes, or poses a risk to the children’s well-being. Private investigators can help gather information on your spouse’s behavior, lifestyle, and interactions with the children.
- Evidentiary Breadth and Value
A PI’s report may carry more weight in court due to his or her expertise in gathering and presenting factual information. This can be especially helpful when dealing with a spouse who is evasive or dishonest, as the evidence collected by a PI can help counter false claims.
The Cons of Hiring a Private Investigator
- Cost
One of the biggest drawbacks to hiring a private investigator during a divorce is the cost. Private investigators typically charge a retainer and charge by the hour. Their fees can add up quickly depending on the complexity and duration of the investigation. For individuals already dealing with the financial strain of divorce, hiring a PI may not be a cost-effective solution. If the information obtained doesn’t result in a favorable legal outcome, the money spent on the investigation could feel like an unnecessary expense.
- Competence
Investigate the investigator before you spend your money. The quality of private investigator services varies widely. Do not assume that they are all competent, and do not assume that the more expensive they are, the better a job they will do. Be very discriminating in your choice of private investigator.
- Legal, Ethical, and Moral Pitfalls
Hiring a private investigator to investigate your spouse can raise ethical and moral questions, particularly if the investigation feels like an invasion of privacy or manipulation. It may feel uncomfortable or even wrong to secretly monitor or track your spouse’s behavior. If you are already struggling with emotional turmoil, the added stress of knowing that someone is spying on your spouse could exacerbate the situation and make it more difficult to make objective decisions.
If the investigation is conducted improperly, it could potentially lead to adverse legal consequences, including charges of harassment or illegal surveillance.
Furthermore, if the PI obtains information in a way that violates laws or your spouse’s rights, that evidence may not be admissible in court, making it less useful for your case.
Conclusion
Whether to hire a private investigator during a divorce depends on the specifics of your personal situation and the needs of your case. Before deciding on hiring a private investigator, consult with your attorney to discuss whether it is advisable, and if you both determine that it is, work with the private investigator to ensure you put the private investigator to his or her most valuable and economical use.
Utah Family Law, LC | divorceutah.com | 801-466-9277