Private Investigator in Divorce Proceedings: Evidence is Power
Hiring a private investigator during divorce proceedings can be instrumental in safeguarding the rights of both spouses. By locating and gathering evidence, it can provide one party with an advantage over the other. To ensure the success of the investigation, it is crucial to choose a professional and experienced investigator and to hire their services only after consulting with a lawyer.
Evidence Gathering in Divorce
The outcome of the legal process will have a significant impact on the lives of both spouses in all aspects, both personal and financial. Therefore, each party has a clear interest in acting to protect their rights in the best possible way. To do this, it is necessary to collect evidence that supports the claims of the spouse and strengthens their divorce case. How can this be done? Well, the client will be able to obtain some of the documents with the guidance of the lawyer, for example, salary slips and bank account statements, certificates from the Land Registry regarding real estate assets, and more. In addition, some of the evidence will come as a result of hiring a private investigator. The need to hire a private investigator in divorce cases arises in various situations, including when there is a suspicion of concealment or embezzlement of assets by the spouse and in case of infidelity.
Concealment or Embezzlement of Assets
The spouse has a self-employed business and the spouse is aware that it is not always conducted according to the law, for example, that not all business income is reported to the authorities, but is done under the table. In this situation, the husband may try to misrepresent the extent of his income. Therefore, the wife must obtain evidence of the true extent of the business’s income, so that she will not be deprived of her share in the division of property and the determination of child support. The best way to do this is through a private investigator who can conduct a financial investigation and provide conclusive evidence of the spouse’s financial situation. A financial investigation is also required when there is a suspicion that the spouse is embezzling assets abroad, so that they will not be included in the equalization of resources between the parties. In this case, the lawyer can file an application for an injunction, a restraining order and/or an exit order to prevent this process.
Another situation in which the need arises to hire a private investigator in divorce proceedings is when there is a suspicion of infidelity. In addition to the emotional need to know if there is a romantic relationship outside of marriage, this discovery can also have significant financial implications. For example, a woman who has cheated on her husband is not entitled to alimony according to Jewish law. The law states that she will be declared a rebellious woman and will lose her entitlement to this payment. A private investigator can provide the spouse with evidence of the infidelity, which they will present to the Rabbinical Court and thus avoid this financial obligation. The emotional turmoil sometimes leads the betrayed spouse to try to prove the act of infidelity themselves. However, without receiving guidance and instructions, they may break the law, so even if they achieve their goal, the evidence will not be admissible and cannot be used in the divorce proceedings.
The Importance of Legal Counsel
As we understand, a private investigator can greatly assist in building a divorce case. However, it is very important that the spouse does not do so independently, but rather that it is done within the framework of the lawyer’s legal advice, and we will explain why. First, not every divorce case requires the use of a private investigator, and sometimes it is possible to save the client these costs. Second, in order for the evidence obtained in the investigation to be admissible and effective for the case, he must act according to the law and in cooperation with the lawyer. Third, naturally, family law lawyers work on a regular basis with a range of professionals, including private investigators whose work they are familiar with and know that it is reliable and trustworthy. For these reasons, it is important that hiring a private investigator be done together with the lawyer and not independently, without their involvement.