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Matrimonial and Family Law Blog

Thursday, February 13, 2020

Should You Use a Private Investigator During a Divorce?

Deciding whether you need to hire a private investigator during your divorce can be a complicated issue. If you do need a private investigator, how do you know what type of investigator to hire and whether the investigator is experienced and licensed? New York divorce attorneys have experience with these matters. If you are unsure what you should do, talking to an attorney as soon as possible can help you decide if a private investigator is needed to protect your best interests.

How Can Private Investigators Help in a Divorce Case?

Many divorces in New York are uncontested divorces. In an uncontested divorce, the spouses agree to all issues related to the divorce. However, not all divorce cases are uncontested. Some spouses disagree on property division, child custody, alimony, or child support payments. In some cases, a spouse may try to prove infidelity because it limits what a spouse may be entitled to receive according to a pre-nuptial or post-nuptial agreement.

Regardless of the reason for the dispute, a private investigator may be able to help. An investigator can gather evidence that you can use in court to prove an extramarital relationship. However, that is not the only reason for hiring a private investigator. You might hire a private investigator to search for hidden assets, uncover evidence of abuse, or conduct background checks on your spouse and other individuals that might be relevant to your divorce case.

Private investigators are trained in surveillance and the use of surveillance technology. They are also trained in interview techniques and obtaining witness statements. Many investigators are also now trained and proficient in using the latest technology to uncover evidence that can be introduced in court. Evidence gathered by a private investigator may be given more weight in court compared to evidence that you might gather on your own. Furthermore, private investigators understand surveillance laws. Evidence gathered illegally is not admissible in court. Therefore, working on your own to gather evidence could result in that evidence being worthless in court.

In addition to investigating and gathering evidence, a private investigator may also be used as a witness at trial. The investigator can offer testimony regarding any evidenced the investigator discovered and how the investigator discovered the evidence.

How Do I Hire a Private Investigator for My Divorce?

If you believe that you might need to hire a private investigator, the best step is to seek the advice of an experienced divorce attorney. Before taking any steps, it is best to discuss various legal strategies and the pros and cons of hiring a private investigator with someone who understands divorce laws and winning strategies.

Also, your attorney may have worked with one or more private investigators in the past, which can be helpful when determining the experience, skills, resources, and credentials of various candidates. Your attorney can recommend a reputable private investigator, if you determine that you want or need a private investigator for your divorce. Working with your attorney regarding this matter can help you avoid hiring an individual who could harm your case instead of helping.

Contact Our New York Divorce Attorneys for More Information

Many issues may need to be discussed regarding your divorce before the divorce petition is filed. Contact Gassman Baiamonte Gruner, P.C. for more information about divorce actions, including hiring private investigators.


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