Divorce can be an emotionally charged and complex process, requiring numerous decisions about how to proceed with your case. At times, one party might consider, or an attorney might suggest, hiring a private investigator to help uncover critical facts that could influence the outcome. Whether you have concerns about infidelity, financial dishonesty, or hidden assets, a private investigator could provide vital information to strengthen your divorce case. However, hiring a PI isn't always the best approach, so weighing the costs and benefits before deciding is crucial.
In this article, we’ll explore the pros and cons of hiring a private investigator for a divorce in New York, touching on a range of issues you must ponder before committing to that course of action.
When Is It Appropriate to Hire a Private Investigator?
The decision to hire a private investigator for a divorce should not be taken lightly. If your PI comes up empty and/or is discovered snooping around, it will be difficult to negotiate a settlement in good faith. You must weigh the risk against the potential rewards, which depend on your specific concerns in your case. Circumstances where employing a PI might be beneficial include:
- Suspected infidelity — If one spouse believes the other is having an affair, a PI can gather evidence of incriminating conduct, such as photographs, video recordings, and even witness statements. In New York, evidence of infidelity can have a direct impact on the divorce settlement and child custody decisions.
- Financial deception — Parties to divorce have been known to hide assets and underreport income, undermining any attempt at a fair division of property. A private investigator can conduct surveillance to uncover hidden assets, secret bank accounts, or undeclared income. This information can be vital in ensuring an equitable financial settlement. However, in many cases, simply having a forensic accountant examine financial records can raise red flags that indicate fraud.
- Child custody disputes — When parents fight for custody of their children, the court must closely examine each parent’s behavior and lifestyle. A private investigator may monitor the actions of the opposing parent, particularly if there are suspicions of drug use, neglect, or an unstable environment. The investigator’s findings could impact a judge’s decision about custody arrangements.
- Behavioral monitoring — If you want to establish a pattern of behavior that supports grounds for divorce, such as habitual drunkenness or cruelty, you might hire a private investigator to gather evidence you could use in court. This might include monitoring the spouse's activities, including their driving habits, social behavior, and inappropriate or harmful interactions.
Any decision to hire a PI must rest on a sound determination that you need specific evidence for a specific litigation goal.
The Type of Information an Investigator Might Uncover
Private investigators are skilled at gathering information that can be used in divorce cases. The types of information they may uncover include:
- Proof of infidelity — Anyone who cites adultery as grounds for divorce must present evidence, which can include confirmational photographs, videos, or voice recordings; detailed reports of assignations; and records of gifts to a paramour.
- Hidden assets or undeclared income — PIs might search for unreported bank accounts, property holdings, or other financial assets that could be relevant to the case. For example, if a spouse owns a rental property and revenue goes into an undeclared account, a PI might discover the subterfuge.
- Lifestyle and habits — A private investigator can gather information about a spouse’s habits related to drug use, gambling, or spending. This information might be useful to demonstrate that a spouse is unfit for custody or has engaged in spending patterns that have dissipated the marital estate.
- Pertinent witnesses — If your case relies on testimony from a witness with whom you have lost contact, a PI can discover their whereabouts to make them available for trial.
A PI can be critical to the outcome when your case depends on missing information. However, you must also be assured that your PI will use lawful means to conduct the investigation.
Legal Parameters Governing Private Investigators in New York
Private investigators are subject to strict legal requirements, and state and federal laws govern their work. In New York, there are several important regulations involving:
- Licensing — The New York Department of State must license private investigators. This ensures that investigators are qualified, experienced, and meet legal and ethical standards. Unlicensed investigators are not legally allowed to operate in New York.
- Privacy laws — New York has strict privacy regulations to protect individuals from unlawful surveillance and invasion of privacy. For instance, private investigators are barred from intercepting phone calls or electronic communications without the consent of at least one party involved. Furthermore, PIs cannot partake in activities such as trespassing on private property or using hidden cameras in spaces where individuals have a reasonable expectation of privacy, including their homes or private meetings.
- Surveillance limitations — While private investigators have a wide range of surveillance tools at their disposal, they must operate within the boundaries of the law. For instance, they can follow someone in public places, such as on the street or in a park, but they cannot track a person’s movements using GPS devices without their knowledge, as this would constitute an illegal invasion of privacy. They must also avoid actions that could be seen as harassment or intimidation.
Ultimately, you want to use the evidence your private investigator gathers in court. However, unless your PI follows all applicable laws related to surveillance and privacy, the court could determine that their evidence is inadmissible.
How Information a Private Investigator Uncovers Can Influence a Divorce Case
The information gathered by a private investigator can significantly impact the outcome of a divorce case. Here’s how:
- Impact on financial settlements — In cases where one spouse is hiding assets or engaging in fraudulent financial behavior, the evidence a private investigator uncovers could lead to a more equitable property division. Proof of infidelity can influence the court’s decision regarding alimony or spousal support. A PI’s findings can help ensure that one party does not unfairly benefit from deceitful practices.
- Child custody decisions — A private investigator’s report on a spouse’s behavior, such as evidence of drug abuse or unsafe living conditions, can be crucial in child custody cases. A judge may consider such evidence when deciding which parent is more fit to care for the children. Information about the other parent’s ability to provide a stable, safe, and nurturing environment for the child can play a central role in custody determination.
- Reputation and credibility in court — A single misrepresentation can have a cascading effect, undermining a party’s reputation for honesty and veracity before the court. If a private investigator can provide clear, concrete evidence that exposes a lie, this can strengthen your position in court.
Now that we’ve noted some advantages of hiring a PI, let’s look at the potential downside.
The Cons of Hiring a Private Investigator
Here are a few cons to consider before hiring a private investigator:
- Privacy concerns — Even when a private investigator operates reliably within the law, some individuals may feel uncomfortable with the level of surveillance and potential privacy infringements.
- Legal risks — If the PI does not adhere to legal requirements, the evidence they gather may be inadmissible in court or result in legal repercussions.
For these reasons, it’s important to consult with your divorce attorney before hiring a PI. A knowledgeable divorce lawyer, especially one with experience in high net-worth divorces, can explain whether your case could benefit substantially from investigative services, or whether you can achieve your goals via another route.