Divorce Investigation vs. Snooping: Understanding the Boundaries

Divorce is already an emotionally charged process. When you add in additional factors such as distrust, anger, and the desire for financial transparency when a marriage is ending then that is a recipe for risky behavior. When a marriage ends, there is a need for information and answers that often extend to finances, infidelity, hidden assets and unknown debts.  This “need” can easily become all-encompassing and overwhelming. This is where divorce investigations rather than snooping should come into play by professionals in the legal and finance fields. It is essential to distinguish between legitimate, professional and ethical investigation and unethical, oftentimes illegal snooping. Understanding the limits of these practices is crucial to protect both legal standing in a court of law and personal reputation and integrity in the process.

Divorce investigations, whether that be things such as through formal discovery issued by legal counsel or a private investigator are conducted to uncover information that might not be readily available or freely disclosed during the divorce proceedings. These investigations are typically carried out by private investigators who are trained to gather evidence in a lawful manner. The top three typical areas of focus in an investigation during the divorce process include:

1. Infidelity: Investigators may be hired to provide proof of infidelity, which can impact divorce settlements, particularly where money is being spent for a purpose outside of the marriage (ie a paramour) that can lead to legitimate dissipation claims in a divorce.
2. Hidden Assets: Spouses might conceal assets to avoid equitable distribution in Chicago divorce cases. Investigators and financial analysts can trace these hidden assets, ensuring that there is full financial disclosure and an equitable division of property.
3. Child Custody: In custody battles, which are now relegated to an allocation of parenting time and decision-making, investigators may collect evidence regarding a parent’s behavior, living conditions, or associations that could influence the court’s decision.  In fact, there are also professionals that can and may be appointed by the court (ie Guardian Ad Litem and Child Representatives) as well.

While investigations can be crucial in a divorce case, they are still bound by legal and ethical constraints. Private investigators must adhere to the law, which prohibits certain actions, including trespassing, illegal surveillance, and privacy violations. Investigators cannot enter private property without permission. Any evidence obtained through trespassing is not only inadmissible in court but can also lead to legal consequences for the investigator and the client. In many jurisdictions, recording conversations without consent is also illegal. Investigators must ensure that their methods of gathering evidence, such as photography or recording, comply with local laws or it cannot be used in court and can be a criminal act.  Lastly, accessing someone’s personal accounts, such as email or social media, without permission is a violation of privacy and is illegal. Investigators must obtain evidence through legitimate means, such as public records, subpoenas, depositions, formal discovery during the divorce process, or by observing public behavior.

So, what exactly is snooping?  Snooping refers to unauthorized or unethical efforts to gather information, often conducted by the spouses involved in the divorce rather than professionals hired to protect them. This can include actions like hacking into a spouse’s email, reading private messages, or installing spyware or tracking devices. Snooping is not only illegal but can also backfire in a divorce case. Evidence obtained through illegal means is generally inadmissible in court and can lead to criminal charges. Snooping can exacerbate the already strained relationship between divorcing spouses, making negotiations more contentious and difficult. This can lead to a more prolonged, expensive, and bitter divorce process. Beyond legality, snooping raises significant ethical concerns. It involves a breach of trust and respect, which can have lasting effects on personal relationships, including those with children.

The key to navigating the complexities of divorce investigation versus snooping lies in striking a balance between the need for information to aid in settlement or trial during a divorce proceeding and respect for legal and ethical boundaries. Here are a few guidelines to keep in mind:

• Hire a Professional: If you suspect wrongdoing, it is advisable to hire a licensed private investigator through the recommendations of your legal counsel. They are trained to gather evidence legally and can provide guidance on what is permissible.
• Consult with Your Attorney: Before taking any investigative steps, consult with your attorney to understand the legal implications and ensure that your actions will support your case rather than hinder it.
• Respect Privacy: Avoid the temptation to snoop. While it may seem like a quick way to get answers, it can lead to more harm than good in both legal and personal relations.
• Focus on the Bigger Picture: Remember that the goal of a divorce investigation should be to ensure a fair and equitable outcome, not to settle scores or invade the other party’s privacy.  No matter how angry or frustrated you are, choosing the right and legal path can lead to a much more favorable outcome.

While divorce investigations can play a critical role in uncovering necessary information, there are clear limits to what can be done legally and ethically. Snooping, on the other hand, is a path fraught with legal and moral pitfalls. By understanding these boundaries, individuals can protect their rights and dignity during one of the most challenging times in their lives.

Reach out to the experienced family law team of WARD FAMILY LAW today for an initial consultation; Jennifer R. Ward can be reached directly via email for scheduling at jward@wardfamilylawchicago.com or through the front desk at 312-803-5838.