The Use of Private Investigators in a Divorce

The Use of Private Investigators in a Divorce

How a Private Investigator Can Help with Your Divorce Case 

Private investigators can play a significant role in divorce cases. They can help uncover information about a spouse that may be relevant to the case, such as infidelity, hidden assets, and inappropriate behavior. Private investigators can also assist in child custody matters by providing evidence of an unfit parent or information that could be beneficial to the custody arrangement. 

Some other ways that private investigators can be helpful in divorce cases include: 

  • Providing proof of adultery. If a spouse suspects their partner of having an affair, a private investigator can gather evidence to confirm or refute those suspicions. While Georgia is a no-fault state, this evidence can still be used to influence alimony, property division, or other aspects of the divorce.  

  • Finding hidden assets. A spouse may try to conceal assets during a divorce in an attempt to keep them from being divided. A private investigator can help locate hidden assets, such as bank accounts, investments, or property. 

  • Gathering evidence of unfit parenting. If you are divorcing and have children, a private investigator can observe a parent's behavior and gather evidence that could be used to show that they are unfit to have custody of the child. 

  • Locating missing persons. If a spouse has disappeared and their whereabouts are unknown, a private investigator can help locate them so they can be properly served with the divorce papers. 

It is important to note that the use of a private investigator in a divorce case should be done with caution and with the guidance of an experienced attorney. While a private investigator can provide valuable information, there are privacy laws and ethical considerations that must be taken into account.  

Can You Legally Spy on Your Spouse During a Divorce in GA?  

Divorce can be an emotionally charged and challenging experience, particularly when it comes to issues of trust. One common question that arises during a divorce is whether or not it is legal to spy on your spouse. In the state of Georgia, there are laws in place that govern electronic communications and privacy.  

Under Georgia law, it is generally illegal to monitor your spouse's electronic communications without their consent. This can include emails, texts, social media messages, and other forms of digital communication. Georgia law recognizes the right to privacy for individuals, and therefore, it is generally illegal to access your spouse's electronic communications without permission. 

Additionally, there are federal laws in place that protect individuals' electronic communications. The Electronic Communications Privacy Act (ECPA) prohibits individuals from intercepting electronic communications, such as email or text messages, without authorization. 

Spying & Surveillance Can Lead to Serious Consequences 

It is important to note that spying on your spouse can lead to criminal charges in some cases, such as cyberstalking. Cyberstalking occurs when a person uses a computer or electronic device to surveil or repeatedly contact another person in order to harass and intimidate that person or their family. Cyberstalking is a misdemeanor offense in Georgia, punishable by up to 12 months in jail and a fine of up to $1,000. 

Even if no threats of harm or violence are made, a person can still face these charges if the person fears for the safety of their family or themselves. When it comes to divorce proceedings, cyberstalking can take many forms, including monitoring your spouse's social media accounts, hacking into their email or online accounts, and sending threatening or harassing messages. 

In addition to criminal charges, cyberstalking during divorce proceedings can also have legal consequences in family court. For example, if a spouse is found to be engaging in cyberstalking, this can be used as evidence against them in child custody hearings. 

Thus, it is in your best interest to trust in the legal system, your attorney, and private investigators to obtain evidence to strengthen your case. Trying to monitor your spouse and invade their privacy can do more harm than good.  

Here to Help You Strengthen Your Divorce Case 

At Balbo & Gregg, Attorneys at Law, PC, our divorce attorneys can help you build a solid case and protect your interests; we can also help you connect with experts and professionals who can help with your case, including private investigators. With over 40 years of legal experience, our attorneys are equipped to represent clients with contested or uncontested divorce cases as well as:  

  • Military divorces 

  • Post-divorce modifications  

  • Alimony  

  • Property division matters  

  • High asset divorce cases  

  • Other divorce-related matters.  

Call (866) 580-3089 to discuss your case with our attorneys.