Divorce is often a contentious experience in which formerly intimate spouses are now adversaries. With this dynamic, spouses may start to hide information or take part in activities that may threaten the well-being of the family. Private investigators are sometimes retained to assist in divorce cases for a number of reasons.
Marrying the person of your dreams can be blissful, but not every story ends on happy notes. Divorce rates are currently rising, and they can be an emotionally charged experience. After an extended marriage, emotions may get in the way of figuring out who owns what and how to divide property and assets equitably. It can make things more challenging if it has been a long marriage. If you're going through a divorce, you shouldn't let your emotions get in the way as much as it may be hurting to divide up belongings or deal with your spouse's debt - do it at arm's length. After all, the goal should be the settlement. Know The Role of Private Investigators in Divorce Cases.
Roles of a Private Investigator
A private investigator can perform a number of key functions in a divorce case. He or she may be hired because a spouse suspects cheating. A spouse may become suspicious because the other spouse is making late-night calls, is not where he or she says, is receiving suspicious calls, or gets frequent hangups. In other situations, a private investigator may be called in to investigate the possibility of hidden assets during a divorce case. Child custody cases may warrant hiring a private investigator to show the spouse engaging in illegal activity, drinking around the kids, doing drugs, or having a new love interest around the children.
Tools Private Investigators Use
Private investigators are trained professionals who know how to look into cases while being discreet. They may pose as someone undercover to learn more about the target. They may use special databases that are generally unavailable to the public. This helps them look into suspicions regarding the target in order to build a case against him or her. Private investigators know which websites to avoid that provide inaccurate, unverified, or outdated information in favor of databases that provide accurate and current information about the subject.
Many private investigators also perform surveillance as part of their job. They are accustomed to the following someone without being detected. They take pictures or videos of the subject so that there is objective evidence of the party’s actions. Private investigators have special experience and training to analyze the information that they have and to present it to the court in a concise yet compelling manner. They may also create special reports that summarize this information.
Choosing a Private Investigator
Just like family law lawyers, there are often a number of private investigators from which to choose. The ideal private investigator is different for different clients. Some important considerations when choosing a private investigator are whether the PI is licensed, how long he or she has been in business, the type of services that the investigator provides, the training, education, and experience that he or she has obtained, and whether the private investigator agrees to testify in court.
Consultation with a Private Investigator
A client may talk to the private investigator alone or with his or her family lawyer. During this consultation, the client should discuss why he or she believes a private investigator is necessary. He or she should provide as much information about the target as possible and as much description about the case that he or she has. It is important to be open with the investigator so that he or she understands the case and what is being requested. Additionally, the private investigator will discuss costs, break down charges and give an estimate on the price of the project. It is common for a private investigator to charge a retainer for his or her services.
Evidence of Adultery or Misconduct
A private investigator can investigate if a spouse is committing adultery or other types of marital misconduct. Every state has no-fault divorce laws that do not require evidence of wrongdoing in order to grant a divorce. However, marital misconduct is sometimes relevant for proceedings involving spousal support in states in which support is barred if one party’s conduct led to the demise of the marriage. Additionally, marital misconduct may also help provide more favorable terms for a spouse under a prenuptial agreement.
A private investigator can also investigate situations in which a spouse is being abused. Such evidence can help the spouse seek a restraining order that can also provide the basis of pre-divorce relief, including custody matters, child support, spousal support, and the payment of legal fees, in some cases.
If your partner is at fault, you or your lawyer will need to prove it to the court. They are at fault (e.g., infidelity, cruelty, jail, abuse, etc.). Any illegal evidence or something collected through unacceptable means can hurt your hearings. But private investigators tend to be experts in these matters and understand what laws support or what they don’t. Hence, your lawyer can present them more confidently. These people have the license to take photos and videos and record testimonies of the witnesses.
Asset Search
During divorce proceedings, it’s pretty common to witness heated debates over outstanding items such as mortgage payments and car loans. Individuals will also argue about who gets to keep the vacation home after the divorce settlement. And what proportion of inheritance goes to which party? It’s a very chaotic time, and it can damage your relationship if you let it get out of control. A private investigator can make a difference if it involves a division of assets or physical property. They will go through records to unearth or verify financial details while keeping matters like your proprietary data private.
Whether you are wading through the turbulent divorce time or need clarity on your relationship. Private investigators are there to assist you through and through with evidence.
A critical area in which private investigators provide assistance is in locating assets. While a divorce is pending or even before that point, a spouse may try to illegally hide assets in order to shield them from the divorce proceedings. This may occur when one spouse handled most of the financial decisions and left the other in the dark about these matters for the extent of the marriage. It can also occur in situations in which one spouse preempts the divorce proceedings by trying to spend down the marital estate.
Individuals may attempt to hide assets in a number of devious ways. For example, they may pay off purported loans to friends and families who are really holding the funds for the spouse until after the divorce. They may sell the property at a discount, in the same manner, reclaiming it after the divorce hearing. They may move funds to offshore accounts or personal property to hidden storage facilities.
Private investigators often look through a variety of databases in order to attempt to find such assets. They may search SEC filings and Secretary of State filings in order to determine if there are any personal or business assets that are not being disclosed. They may also search through documents that clients provide to find charges or transactions that help point to hidden assets. Family law lawyers can use this information in order to officially request documents during the divorce proceedings in order for their clients to get their fair share. Some state laws permit courts to award the entire value of an asset to the innocent spouse when such fraud is used to conceal the asset.
Child Custody
Infidelity, addiction, or physical abuse is common in cases where couples are divorcing, and one spouse has become aware of the suspicious activities of the other and feels concerned about the welfare of their children. In these cases where harm may be evident towards a child because of the people mentioned above or circumstances, seeking counsel with a reputable P.I. can be helpful. They can gather evidence surrounding any suspicious activity that a parent may have committed against their child(ren) and get accurate information to show during custody agreement discussions before the judge.
Private investigators may also be called on to assist in child custody matters. If a spouse is concerned about the activities that transpire while the child is visiting the other parent, a private investigator may be asked to check into this issue. He or she may conduct surveillance to determine if drugs or alcohol are involved. Similarly, he or she may be asked to determine if the child is being abused. The private investigator may also act as a liaison between one parent and others in the child’s life, such as teachers and neighbors.
Choosing a Private Investigator
Just like family law lawyers, there are often a number of private investigators from which to choose. The ideal private investigator is different for different clients. Some important considerations when choosing a private investigator are whether the PI is licensed, how long he or she has been in business, the type of services that the investigator provides, the training, education, and experience that he or she has obtained, and whether the private investigator agrees to testify in court.
Support Information
When one spouse knows that he or she is likely to be required to pay support, he or she may attempt to make his or her earnings look lower. He or she may consort with a boss to delay bonuses and other employment privileges until after the divorce. He or she may take a temporary cut in hours in order to reduce earnings. If the spouse owns a business, he or she may take steps to decrease the value of the business, such as taking on additional debts or delaying collecting on monies owed to the business.
Another strategy that a devious spouse may attempt is to reduce official working hours and then work “off the books” for the same employer or a different one. On the other hand, a spouse who is receiving financial support may be participating in similarly devious conduct. For example, he or she may be living with a romantic partner and may not report this information for fear of losing such support. Private investigators can help unravel these schemes by analyzing financial documents or conducting surveillance.
Conclusion of Services
After the private investigator has finalized his or her work, he or she may provide a report to the client that summarizes his or her services and include any findings. It is important for individuals to keep in mind that they may conduct an investigation and not find anything about the target either because the person was not committing the wrong suspect or simply did not do anything while being surveilled. The private investigator may also contain an itemized billing of his or her services.
Legal Assistance
Some family law firms have a private investigator that they use on a regular basis and a family law lawyer can discuss if this is an option and how it will impact legal fees. Other family law lawyers may have connections with private investigators that work independently and away from the firm. A family law lawyer may discuss what a private investigator may be able to cover and what he or she has discovered in previous cases when the lawyer has used his or her services. He or she may also explain how a private investigator may be able to find certain information that may not be available through the lawyer or maybe evaded through the process of discovery. A family law lawyer can discuss what is at stake and whether the extra costs associated with hiring a private investigator are or are not justified in each particular case.
For more information on Divorce Case investigations please contact us for a free consultation. Call us today at +41-44-586-60-33 or fill out the online form on our website.
Swiss Detective Agency
Schaffhauserstrasse 550.
CH-8050 Zürich
Switzerland
T. +41 44 586 60 33