It is sometimes advisable to hire a private investigator in your divorce or other family law proceeding, but many clients just don’t know how or where to begin.
While the first step in making these kinds of decisions should be to confer with your lawyer, here are some thoughts to consider as you ponder the decision of whether to hire an investigator:
- Proof- Particularly where adultery is suspected, investigators are invaluable. The burden of proving adultery is high. A litigant needs “clear and convincing evidence” of (a) an opportunity to commit adultery, and (b) an inclination to commit adultery. Typically, only private investigators are equipped to obtain that evidence.
Other times, behavior over time is an issue in your case (for example, a routine of frequenting bars or driving in an unsafe manner). Again, the only way to obtain reliable proof of the behavior is usually with an investigator.
- Cost – Obtaining good proof can become expensive, depending on the amount of time the investigator spends on the case. A good investigator will listen to what you’re after and will provide a general range of the cost based on his or her experience. A client should then weigh the costs of obtaining the proof against the benefit it will have in his or her case.
- No guarantee– It sometimes happens that after a great deal of effort, the proof cannot be obtained, or the facts prove just the opposite – the subject isn’t engaged in the behavior suspected. Again, the client has to weigh the costs against a result that is not guaranteed.
- Emotional wear and tear – Do you want or need to know? It’s one thing to contemplate an affair by your spouse; it’s another to see the evidence in all its detail. Think hard about whether you have to know. If your lawyer believes it’s important to have the evidence for your case, consider asking your lawyer to shield the specifics from you unless you absolutely want or have to know.
- Ethics – An experienced and ethical investigator keeps current on the ever-changing laws that govern collection of data and surveillance. Clients are ill-served by investigators who don’t keep up with the law and use techniques that may be illegal or may taint the evidence collected. Look for credentialed and respected investigators.
Should You Hire a Private Investigator?
To speak with a family law attorney today regarding your case, and to discuss whether a private investigator might be the right option for you, call the law offices of Cooper Ginsberg Gray today to schedule an initial consultation. (703) 934-1480.