By: Sarah T. McCain
Often in high conflict divorce or custody cases, a party will ask me whether or not they should invest in having a private investigator follow their spouse. While it may sound tempting, the majority of the time, the answer to this question is “no.” However, there may be instances in which a private investigator can be helpful. When pondering the notion of a private investigator, it’s important to assess with your attorney when it is unnecessary and when it might be of assistance to your overall case. The answer will certainly depend on the facts and circumstances at hand tied into what you are trying to prove.
The most common reason I hear people raise when thinking about hiring an investigator is the possibility of infidelity in the relationship. If you are looking to determine whether your significant other is having an affair, you may be looking at spending money that will not provide a benefit to the arguments you are looking to make in court. Contrary to common belief, infidelity is generally not a factor the court is interested in hearing about due to Colorado being a no-fault divorce state. Obviously there are exceptions to this general rule, but these are limited and should be discussed with an attorney. Though hiring a private investigator to prove infidelity may help settle any lingering doubts about the state of your relationship, it’s not likely to be a good use of financial resources. Continue reading