07/28/2022
One of the biggest reasons a private investigator is hired is for divorce cases. There are many things an investigator can do for you to keep you from committing a crime while obtaining evidence that will be admissible in court.
While Tennessee is a no-fault divorce state, which means that “fault” need not be established to get a divorce, the factual circumstances leading to a divorce can affect things like apportionment of assets, spousal support, child support, and child custody. Since divorce often involves contradictory “he said/she said” arguments, private investigators can play an important role in getting to the true facts.
For example, it is relevant to discover whether a spouse has been unfaithful, financially irresponsible, abusing drugs, or engaged in other harmful behaviors. This type of information may not be able to be discovered through standard legal discovery processes, and, therefore, the use of a private investigator may be necessary.
An experienced private investigator will have the expertise, technology, and legal leeway to surveil, track locations, take photographic or video evidence, and provide reports that support such suspicions.
If you are considering hiring a private investigator, set aside emotion and apply an intellectual standard to the question. Think through the entirety of the decision, especially the legal strategy. Consult with an attorney before you do anything you might later regret.
Adultery is often the leading cause of suspicion. Often one spouse suspects the other of cheating. But there may be other suspicions of wrongdoing. Excessive gambling or illegal drug use, for example. Eventually the focus shifts to proving marital fault to obtain the divorce. Proving the case in court requires evidence. To substantiate the alleged grounds for divorce in the complaint, many people will snoop, spy, eavesdrop, engage in surveillance of their own, or record their spouse’s private conversations with other people.
That a big mistake. At best, it’s a misguided attempt to gather evidence for the divorce. At worst, it’s a federal crime.
Electronic Communications Privacy Act:
Use of illegally obtained communications as evidence in Tennessee court is prohibited if disclosure of that information would violate the ECPA. See 18 USC Sec. 2515. In other words, the recording of a private communication – the meeting, the phone call, the email, the voicemail – without consent could be excluded as admissible evidence in the divorce. Sure, there are always a few exceptions, and that’s why you need to discuss this with your lawyer. Cope Investigative Services LLC, is well versed in the matter and can prevent you from committing a crime while trying to obtain this evidence.
Call us today to discuss the right way to go about investigating your spouse.
