4 Reasons to Hire a Private Investigator During Your Divorce
Without question, divorce can be one of the most difficult and emotional experience in life. Not only does it mark the end of a marriage, but it can become incredibly complicated, which can lead to a long, drawn out and painful process. Enlisting the services of an experienced private investigator can sometimes make the process move a little more quickly. Here’s how.
Locate Hidden Assets – One of the biggest points of contention couples face when going through a divorce is that of mistrust over assets. If one spouse is deliberately hiding money and other assets in an attempt to avoid their proper distribution during the settlement it can cause huge delays in the process. A private investigator who specializes in divorce cases can help make sure any and all assets are accounted for.
Uncover Infidelity – While many states offer no-fault divorce, some will still grant a more favorable settlement in the case of infidelity. Unfortunately, proving such a thing can be quite challenging. With the help of a seasoned private investigator, however, you may be able to uncover all the evidence you need to tilt the courts in your favor.
Custody Battles – Under the best of circumstances, both parents should enjoy equal opportunity to have a relationship with their children following divorce. Unfortunately, we don’t live in a perfect world and many situations are unhealthy for children. If you’re concerned that your soon-to-be ex or former spouse is placing your kids at risk, a private eye can help gather the necessary proof to back up your claim in court.
Child Support/Alimony – Regardless of which side of the coin you’re on, determining what amount of child support and/or alimony is fair can be a huge point of contention. If you feel you’re paying too much based on misinformation provided by your former spouse, or you believe your ex is withholding information that would lead to a higher payout, a private investigator can help sort things out and ensure that everyone is operating on the up-and-up.
Going through a divorce is difficult no matter what the circumstances. Having a skilled, experienced private investigator in your corner can make a challenging situation a little bit easier to navigate. If you have questions or would like to learn more about how we may be able to help you get a favorable settlement in your divorce, contact us today.
Photo by Nicolas Halftermeyer (Own work), via Wikimedia Commons
Today’s private investigators seem to have it pretty easy compared to those of the past — cell phones, security cameras, and social media accounts are often used to obtain evidence for investigations. Gone are the days when private eyes had to flip through physical documents and phone directories, or find the location of someone with an actual map. And now, thanks to the advancements in drone technology, some investigators are opting to do away with physical surveillance.
A drone, or unmanned aerial vehicle (UAV), is a remote controlled aircraft. Although they have been around for several years, flying personal UAVs is a relatively new hobby. These small crafts have been all over the media lately, even earning the endorsement of Martha Stewart. Like Stewart, many people use drones to take beautiful aerial photos. The market for drones is constantly expanding, and tech companies are keeping pace. Some drones can record a live feed, detect heat, or are small enough to fit in the palm of one’s hand. Others can fly four several hours at a time, scanning entire cities in a day.
Due to their discreet nature, private eyes have begun using drones to catch cheating spouses or dishonest employees. Instead of observing someone on foot for hours, investigators can use a drone to get a bird’s eye view of a suspect and collect video evidence. Using a drone is also safer for an investigator and are cheaper than chartering a plane or helicopter. A recent New York Post article featured a private investigator whose specialty is drones. According to the article, the investigator had to use a drone to record evidence of insurance fraud instead of physically surveying the suspect’s property for fear of being shot.
Because of their invasive capabilities, many are questioning the ethics of drone usage, including U.S. Senator Charles Schumer. Schumer recently called for federal regulations on drones, even going as far as proposing a ban on drone usage by private investigators. The idea of anyone being able to purchase a surveillance drone and using it to record whomever and wherever they want is fairly unnerving. The use of personal drones is uncharted territory, filled with flimsy guidelines and little regulation. The Federal Aviation Administration (FAA) prohibits the flying of UAVs for commercial use or payment. Drones are also not permitted to fly over heavily urban areas, and must alert control towers if they fly too close to an airport (FAA Website). Even so, investigators like the one featured in the Post article are still flying their drones.
Should we start expecting to see drones tailing us as we walk down the street? Probably not.
For now, most investigators are opting to stay on the ground and stick to their tried-and-true surveillance techniques. If evidence is gathered illegally, it may lose its value in court, and a private investigator could lose their credibility.
The recent surge of undocumented children entering the United States has brought up several issues, one of which is human trafficking. With so many minors coming in unaccompanied, many are worried that the children will become victims of this growing problem. Although slavery seems to be a thing of the past, the number of trafficked humans is much larger than it was centuries ago and continues to rapidly increase worldwide. Part of the problem is lack of awareness and the disbelief that slavery could occur, especially in the Western world. “No country is immune,” warns the United Nations, “whether as a source, a destination or a transit point for victims of human trafficking.”
Trafficking Worldwide
Although the exact number of victims is unknown, researchers estimate the amount of trafficked people to be between 12.3-25 million worldwide. Some are forced into unpaid labor, working in dangerous conditions for little to no pay. Others become victims of sexual exploitation, forced to become prostitutes and earn money for a pimp. Unsurprisingly, the biggest motive for trafficking humans is money. According to experts, the total market value of human trafficking is $32 billion, with nearly a third of that amount coming from the actual sale of victims (United Nations).
Trafficking in the United States
Despite the official abolishing of slavery in 1865, thousands of people are still trafficked within the United State’s borders. According to the U.S. Department of Justice, nearly 300,000 children become victims of sexual exploitation alone. Many of them are runaways or were abducted from their homes. One in three teens are lured into prostitution within 48 hours of leaving home (National Runaway Hotline). And once a child or teenager is trafficked, especially across country or state borders, it can become much more difficult to find them .
Even though the outlook seems grim, many non-profit organizations and government agencies have begun to battle this epidemic. Recently, the FBI rescued nearly 170 child victims of sex trafficking and arrested 281 pimps (CBS News). Many of these children were never even reported missing, and could very well still be on the streets if not for the FBI’s crackdown. The Bureau’s Innocence Lost program has identified and recovered almost 3,600 children who were victims of sexual exploitation since its start in 2003.
Hiring a Private Investigator
Despite the efforts of the FBI and other agencies, around 2,300 people still go missing in the United States each day (Crime Library). Because the amount of missing persons cases is so high, many families choose to look for outside help. A private investigator will work with the family and friends of a missing person and help generate leads for law enforcement. Private eyes have the time and resources to focus on a specific case, and those that have experience finding missing children know what signs to look for. “What is the PI going to do that the police won’t? He is going to keep on searching,” says Jerrie Dean of Missing Persons of America. “He is getting paid to find the person, not the reason they left.”
According to Dean, hiring a private investigator can help even if the person isn’t found right away. “He brings that information back to the family, the family tells the media, the media reports it and then the police are renewed and following a new lead to [the victim],” says Dean. Part of the problem with missing persons cases is publicity. Too often, the media only broadcasts photos of missing people that will gain the most viewers, and eventually the attention peters out. Keeping a case alive can be the driving force in finding a missing person.
Facing divorce is an extremely emotional event that affects all parties involved, especially if there are children. Divorces can be very emotionally charged, creating feelings of hostility, sadness, resentment, blame, insecurity, and jealousy. Without a doubt, divorce is a life-altering event and rationality does not always play a primary role in the behavior of the parties when experiencing such turmoil.
A “no-fault” divorce is based upon irreconcilable differences and defined as “dissolution of marriage that does not require a determination of misconduct by either party in the divorce,” meaning the petitioner is not required to prove the respondent has committed adultery, domestic abuse, abandonment, felony crime, or similar acts. Prior to no-fault divorces, respondents had been forced to recriminate and participate in a “blame game” prolonging the waiting period of the court’s decision, along with the emotional turmoil all parties experience during the process of divorce.
It is estimated 40-50% of marriages, and up to 60% of second marriages will end in divorce. The most common contributors to divorces are infidelity, accounting for approximately one-third of divorces. Other popular causes are simply growing apart, domestic abuse, financial problems, and sexual discontent, and even interference from family and friends.
As of October 2010, all fifty states and District of Columbia had adopted statutes that recognize a no-fault divorce and enable a court to make a decision without requiring the petitioner to present evidence against the respondent. In fact, according to research conducted by economists Betsy Stevenson and Justin Wolfers, incidents of domestic violence and female suicide have declined with the adoption of no-fault divorces. When mutual consent exists between both parties seeking a divorce, it can end the prolonged suffering of all involved.
Several issues exist that can influence a no-fault dissolution of marriage such as child custody and support, alimony, and the division of assets. When children are involved, allegations of infidelity and child abuse must be considered.
Dissolution and Dissipation of Assets
When adultery occurs in the mix of irreconcilable differences, emotions are at an all-time high but the parties must also consider the effect it can have on the dissolution of the marriage and equitable distribution of assets. When a spouse uses funds for his or her own benefit for purposes unrelated to the marriage while irreconcilable breakdown is occurring, it is termed dissipation of assets. Gambling and drug use can also become a factor when there is intentional dissipation or damage of marital assets. Of course, information relating to such allegations must be well documented in order to substantiate the link between the behavior and the overindulgence or hiding of assets.
Though state laws vary on how courts will determine the timing of wasted assets, an experienced private investigator can identify and document information related to gambling losses, squandered on a lover, criminal activity, and even failure to pay the couple’s primary bills such as mortgages.
When a wife maxes out her credit cards on frequent spending sprees or a husband purchases extravagant gifts for his mistress, a court can take these actions into consideration when dividing property, however these activities must be proven and carefully presented.
The majority of Americans consider infidelity morally wrong and there are still states that consider adultery a criminal offense. Though arrest is highly unlikely in the majority of infidelity cases, proof one party has committed a sexual act for the exchange of money (prostitution), can powerfully influence a court’s decision.
Dissolution and the Private Eye
When considering divorce, information legally collected by a private investigator (commonly referred to as a PI), can be a huge asset. Information obtained during a private investigation can be a strong bargaining tool between parties in an effort to prevent a prolonged and embarrassing court battle, or presented as evidence into court.
When a party going through a divorce is making allegations of misconduct as basis of dissolution of marriage, the incidents of misconduct must be carefully documented to be considered admissible in court. This is when the services of a licensed private investigator can be vital to establishing grounds for the divorce and certainly instrumental to a favorable outcome.
Private investigators have an obligation to those they represent to conduct investigations and surveillance in a legal and ethical manner. When presenting a case to the court it is important to present a true picture that is be presented when such as a comprehensive presentation of assets, spending, any illegal or immoral behavior, acquaintances, or criminal activity.
Thomas Lauth, a twenty-year private investigator, and owner of Lauth Investigations International headquartered in Indianapolis, IN, with offices in Denver, CO, and Phoenix, AZ. Considered an authority in the field of private investigations.
Lauth has specialized client services to individuals facing a divorce. “We recognize divorce can be a traumatic event in the lives of our clients and focus on alleviating much of the stress by collecting the information, conducting surveillance, and properly presenting the information to prevent and even alleviating prolonged stress.”
Author/Freelance Writer Kym L. Pasqualini Lauth Investigations International 201 N. Illinois St., 16th Floor – South Tower Indianapolis, IN 46254
Life can suddenly change and you may find yourself facing a divorce, child custody dispute, cheating spouse, civil or criminal litigation. When life takes a sudden turn, it helps to kick a plan into action as soon as possible. The need for a private investigator arises, when we face the need to collect information that will be pertinent to the outcome of a case or verify information provided. Information must be collected professionally, efficiently, and within the boundaries of state and federal law and requires hiring a licensed private investigator, also commonly referred to as a private detective, private eye or PI. When hiring a private investigator it pays to know whom you are hiring.
Most every state in the U.S. requires an individual to complete a background check and obtain a license to be a private investigator but, in the few states where licensing is not required by the state, anyone can become a private investigator. Working with an inexperienced investigator can create significant liability to a client. Considering this, it is very important for a person to do their homework when hiring an investigator so you get the quality services they are paying for.
Private investigators offer an array of specialized services from background investigations, surveillance, computer forensics, and process of legal service, missing person and homicide investigations, criminal defense investigations and many more, while others specialize in a specific service. Regardless of the type of investigation, it is vital that an investigator be knowledgeable and compliant with state and federal laws that pertain to privacy, legal statutes in relation to medical and financial information, proper surveillance techniques, court procedure, and even victim’s rights.
A multitude of fee-based and free networks or associations are available on the Internet providing names of private investigators and private investigation agencies from state to state. These networks provide assistance in locating a private investigator specific to the service needed or in close proximity to the client, however these networks are not a regulatory agency, and many have no background information on the private investigator. While network services are beneficial and do simplify the search for a private investigator, sometimes network services can pose a problem when a client assumes they are hiring a reputable private investigator. Many networks do not provide investigative services themselves and simply serve as an advertising service not liable for the actions or quality of services provided by those listed. Many networks are simply a marketing tool that only require the private investigator or firm to pay a monthly fee to be listed, and do not verify the private investigator’s “good-standing” with any state regulatory agency.
Due Diligence when hiring a local private investigator:
Request a copy of licensing information and any associations the private investigator is a member.
Request a specific list of services the investigator or agency provides.
Contact your Better Business Bureau and state regulatory agency and inquire if there are any complaints on file.
Ask if they subcontract work out to independent investigators.
Request professional references from the investigator; references can include former clients, associates, and even law enforcement personnel.
Ask to review investigative contracts and retainer agreements. Remember, a written contract protects both the client and the private investigator and identifies the terms of the agreement while minimizing misunderstandings and liability.
Hiring a local private investigator enables the client to have a “one on one” consultation in order to discuss the case, discuss work to be performed, review documents, and verify references. Another major benefit of hiring a local private investigator is the investigators knowledge of the area and critical to conducting an effective investigation.
Having connections is an absolute benefit to any investigation. Knowing the neighborhood, local companies, business owners, residents, and “those in the know” cannot be overstated. Obtaining information from a “trusted source” and gathering information in a discreet manner is more dependable if the investigator is familiar with the demographic and geographic makeup of the area. In addition, it is an assurance a client will receive more personalized service.
Thomas Lauth is a 20-year veteran investigator and owner of Lauth Investigations International headquartered in Indianapolis, IN with additional offices in Colorado and Arizona. Lauth has and his team of investigators has provided investigative services that include skip traces, background checks, private and corporate investigations, criminal defense investigations for the state of Indianapolis, child abuse, sex trafficking, and even high profile missing person investigations.
According to Lauth, the benefits of hiring a “homegrown” private investigation firm are immeasurable. “Most investigations and preparation for litigation creates an emotional environment for those involved,” says Lauth. “As licensed private investigators, it important to be dedicated and it is our duty to represent our clients with the utmost integrity and moral conduct so as not to add to emotional injury.”
Author – Kym L. Pasqualini
Founder, National Center for Missing Adults
Lauth Investigations International, Inc.
201 N. Illinois St., 16th Fl.-South Tower
Indianapolis, IN 46204
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