Emotions are high, and the legal jargon is intimidating when one goes through a divorce. One of the most universal problems individuals are faced with is whether to get a private investigator or a divorce attorney. Though both professionals have essential roles in divorce cases, their areas of expertise and their work differ remarkably. Knowing how they differ helps you make the right choice as to who gets hired for your case.
Understanding the Role of a Private Investigator in a Divorce Case
A private detective or investigator (PI) is a licensed professional who gathers evidence, makes surveillance, and investigates issues related to one’s personal or work life. A PI in a divorce case is usually retained to gather evidence that can influence settlement negotiations or legal proceedings.
Key Responsibilities of a Private Investigator in Divorce Cases
Most Significant Duties of a Private Investigator in Divorce Cases
Collection of Evidence of Adultery:
- Gathering Evidence of Infidelity: One of the most frequent reasons individuals engage private investigators in a divorce matter is to establish adultery. A PI can pursue surveillance and collect photographic, video, or audio proof of a spouse’s extramarital adventures.
- Investigating Hidden Assets: An investigative service can make possible the exposure of secret bank accounts, off-shore investment schemes, and hidden sources of income. It is essential to help facilitate the even distribution of assets during divorce procedures.
- Background Checks: In cases where one or both spouses doubt the other party’s criminal history, business interests, or marriages in the past, a private investigator can initiate background checks in order to divulge significant facts.
- In custody disputes, private investigators can record acts of neglect, drug abuse, or any activity that could put a child at risk.
- Social Media and Online Investigations: PIs scrutinize social media use, emails, and online activities to compile evidence that can be useful in divorce cases.
Understanding the Role of a Divorce Lawyer
A divorce attorney is an attorney who represents clients in court and oversees all legal proceedings involved in the divorce case investigation. Unlike private investigators, who concentrate on gathering evidence, divorce attorneys deal with legal strategy, negotiations, and advocacy.
Important of a Divorce Attorney
- Legal Representation and Guidance: A divorce attorney advises clients about the legal procedure, informing them about their responsibilities and entitlements.
- Submission of Legal Papers: Divorce attorneys prepare and file petitions, motions, and agreements in compliance with state laws.
- Negotiating Settlements: Divorce attorneys negotiate on behalf of their clients the terms of property division, alimony, child support, and custody arrangements.
- Court Representation: When a case reaches court, a divorce attorney argues, cross-examines witnesses, and argues their client’s best interest.
- Ensuring Fair Asset Distribution: Divorce attorneys see that marital assets and liabilities are distributed equitably and legally.
Key Differences Between Private Investigators and Divorce Lawyers
| Feature | Private Investigator | Divorce Lawyer |
| Primary Role | Collects evidence, conducts surveillance | Provides legal representation, advice, and negotiation |
| Legal Authority | Cannot practice law or provide legal advice | Can file legal documents, represent clients in court, and negotiate settlements |
| Evidence Collection | Gathers physical and digital evidence | Uses evidence in legal arguments but does not collect it directly |
| Focus Area | Investigations related to infidelity, assets, child custody | Legal matters such as divorce settlements, child custody laws, and alimony |
| Court Involvement | Provides evidence that may be used in court | Directly represents clients in court proceedings |
How Private Investigators and Divorce Lawyers Collaborate
Although private detective agency or investigator and divorce lawyers play distinct roles, they usually work together to create a solid case. Here’s how they complement one another:
- Offering Stronger Evidence for Legal Cases: A lawyer might suggest the hiring of a private investigator if more evidence is required to substantiate allegations of adultery, concealed assets, or neglect in child custody cases.
- Ensuring Adherence to Legal Requirements: Any evidence gathered by a PI has to be gathered legally in order to be used in court. Divorce attorneys assist PIs in determining the nature of the evidence needed and its legal requirements.
- Enhancing Child Custody Cases: Attorneys utilize surveillance reports, witness testimony, and other results from private investigators in custody matters to make their best interest argument for the child.
- Negotiation and Settlement Strategies: If a PI identifies discrepancies in finance, the attorney may use that knowledge to achieve a more advantageous settlement for the client.
When To Hire A Private Investigator?
You ought to hire a private investigator when:
- You are sure your spouse is concealing assets.
- You want evidence of cheating for either personal or legal reasons.
- You suspect your child may be harmed during a custody case.
- You want background checks of your spouse’s activities, habits, or crime record.
When To Hire a Divorce Attorney?
You need an attorney for your divorce.
- You need help negotiating settlements and custody arrangements.
- You want to make sure all the legal documents are filed properly.
- You are getting ready for a case in court and need legal arguments and advocacy.
Conclusion
Whether to seek the services of a divorce lawyer or a private investigator depends on your specific needs. If you require evidence for your case, a private investigator can assist in gathering vital information. But if you need legal advice, representation, and negotiations, you should seek the services of a divorce lawyer. In many cases, hiring both professionals can provide a comprehensive approach, ensuring that you have the necessary evidence and legal support to secure the best possible outcome in your divorce.
Before deciding, refer to a divorce attorney to see if a private detective would be helpful in your case. This will allow you to go into your divorce process with a solid strategy that preserves your interests and assists you in getting a fair outcome.