The Role of Private Investigators in an Illinois Divorce

September 3rd, 2024 by Tiffany Hughes

Divorce can be a challenging and emotionally taxing process, especially when there are uncertainties or suspicions involved. In the state of Illinois, individuals undergoing divorce proceedings often turn to various resources to gather information and ensure fair outcomes. One such resource that’s increasingly utilized is the expertise of private investigators.

Private investigators play a crucial role in divorce cases, helping individuals uncover essential information, gather evidence, and protect their interests. The assistance of a skilled private investigator can make a substantial difference in a divorce proceeding to prove misconduct of your spouse by finding evidence that was not attainable otherwise.

Why Hire a Private Investigator?

1. Income and Asset Discovery: In divorce cases, ensuring a fair distribution of assets is crucial. However, some spouses may attempt to conceal assets or income to avoid their fair share of division. Private investigators can employ various techniques to uncover hidden assets or income, such as conducting financial investigations, surveillance, and forensic accounting. Hiring a private investigate to prove your spouse has been hiding assets can help you get a fairer share of maintenance/alimony or child support.

2. Child Custody Investigations: Determining child custody arrangements is often a contentious issue in divorce cases. Private investigators can gather evidence related to a parent’s fitness, behavior, living conditions, and any potential risks to the child’s well-being, which can influence child custody decisions. Illinois determines child custody or visitation rights based on what is best for the child; if a private investigator can help prove your spouse to be an unfit parent or show that their behaviors or living conditions are not in the best interests of your children, the evidence obtained by the private investigator can help you get a child custody outcome that is better for your children.

3. Establishing Cohabitation: In Illinois, spousal maintenance/alimony may be affected if the receiving spouse is found to be cohabitating with a new partner. Private investigators can gather evidence of cohabitation, such as surveillance footage or witness testimonies, to prove cohabitation for modifying spousal support.

Does Proving Infidelity in an Illinois Divorce Help Me?

One of the most common reasons individuals hire private investigators during divorce proceedings is to investigate suspicions of infidelity. It is important to keep in mind that Illinois is a “no-fault” state, which means that the reasoning for a divorce does not change the division of marital assets or custody. However, despite Illinois being a no-fault state and infidelity not directly affecting the division of marital assets or custody, hiring a private investigator might help you determine to get divorced and may help you identify other bad behaviors that may affect your divorce (i.e. your spouse buying jewelry and other things for someone else). In the end, the Court will determine custody and assets in a fair manner that benefits both parties and prioritizes the children’s best interest.

The courts “shall divide the marital property without regard to marital misconduct in just proportions” 750 ILCS 503(d)

“In allocating parenting time, the court shall not consider conduct of a parent that does not affect that parent’s relationship to the child.” 750 ILCS 5/602.7(c)

Privacy Laws for Private Investigators

When hiring a private investigator for divorce-related matters in Illinois, it’s essential to understand the legal boundaries and requirements. Illinois law prohibits certain investigative techniques, such as wiretapping or trespassing, and a private investigator’s evidence obtained unlawfully may not be admissible in court proceedings.

Additionally, it’s crucial to work with a licensed and reputable private investigator who understands the specific laws and regulations governing investigations in Illinois divorce. An experienced private investigator will ensure that all evidence is obtained legally and ethically, minimizing the risk of complications during divorce proceedings.

The Role of Private Investigator’s Evidence in Court Proceedings

Evidence obtained by private investigators in Illinois divorce can significantly influence the outcome of negotiations or court proceedings. However, it’s essential to prioritize the admissibility and relevance of evidence. Courts in Illinois require evidence to be both relevant to the case and obtained legally to be considered admissible.

Private investigators must meticulously document their findings, adhere to ethical standards, and maintain the chain of custody to ensure the credibility and admissibility of evidence in court.

Navigating a divorce in Illinois can be a daunting task, especially when facing uncertainties or suspicions regarding your spouse’s behavior or financial situation. Private investigators offer valuable assistance in uncovering essential information, gathering evidence, and protecting your interests throughout the divorce process.

However, it’s crucial to approach the hiring of a private investigator with careful consideration, ensuring compliance with legal requirements and ethical standards. By working with a licensed and experienced private investigator, individuals can better navigate the complexities of divorce proceedings and achieve fair outcomes.

Need More Information or Representation?

If you are considering filing for a divorce and think your spouse is hiding assets or income, or want to prove your ex is living with a significant other and want to prove cohabitation for modifying spousal support, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in providing legal representation to anyone who is getting a divorce and wants a fair agreement regarding maintenance/alimony, child support, and child custody, wants to prove cohabitation for modifying spousal support, is looking to prove their spouse’s infidelity and wants to know more about its affects on divorce in a no fault state, is thinking of hiring a private investigator in their Illinois divorce, or wants to learn more about privacy laws for private investigators and what of a private investigator’s evidence is admissible or helpful in Court proceedings.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.