Can a Private Detective Provide Evidence in an Orlando Divorce Case?

Many spouses hire private detectives (also known as private investigators) to uncover evidence of misconduct during marriage. Once this evidence becomes clear, divorce is a likely outcome. But how does this evidence affect the actual legal process of a divorce in Orlando? Can you use photographs and videos provided by a private detective during a divorce trial?

The Use of Private Investigators Is Relatively Common in Florida 

Spouses may feel the need to hire private investigators for a number of reasons. First, they may be motivated by purely emotional reasons. Perhaps they believe that their partner is being unfaithful. Maybe they think their spouse has some kind of secret addiction. For many spouses (especially high-net-worth individuals), the cost of discovering the truth may seem well worth the investment.

In other situations, spouses are motivated by purely financial incentives. A spouse might use a private detective to gather evidence of infidelity for an economic advantage during divorce. A private detective might also uncover evidence of concealed assets.

Is a Private Detective’s Evidence Admissible in Court? 

Evidence gathered by a private detective could be admissible in court. The same rules of evidence apply, which means that the private detective must respect the law when conducting their investigation. If they gather evidence while breaking the law, that evidence becomes inadmissible. For example, they might snap a photo of a spouse while trespassing. That being said, a private detective can provide many different types of evidence in court – including sworn testimony. Instead of providing a photograph, a private detective might describe what they actually saw.

Does Adultery Affect Alimony in Florida? 

Many spouses uncover evidence of adultery to gain a financial advantage in court. Aside from the psychological benefits of uncovering the truth, an investigation of this nature has the potential to affect alimony. Florida court could consider marital misconduct when awarding alimony – and infidelity is a clear example of marital misconduct.

If a spouse is guilty of adultery, they may lose their right to receive alimony. They might also receive less than normal. If a “paying” spouse is guilty of adultery, they might end up paying more than usual.

Private Detectives Can Assist With Custody Battles

 Aside from adultery, private detectives can also gather evidence of domestic abuse, addiction, and other issues that can affect child custody. If a spouse can prove that their ex is unfit to be a parent, they may gain sole custody and prevent their child from being exposed to unsafe situations.

Find an Experienced Divorce Lawyer in Orlando 

If you’ve been searching for an experienced divorce lawyer in Orlando, look no further than Steve Marsee, P.A. Over the years, we have helped numerous divorcing spouses. We know that evidence and trials might seem daunting, but this process could be easier than you realize. It is also possible to resolve your divorce through private negotiations – without ever going to trial. Book your consultation today to learn more.

Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0798/Sections/0798.01.html

flcourts.gov/content/download/215871/file/PARENTINGGUIDEFORFLAG1.pdf