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Family Law

: Colorado Family Law Blog

Divorce Preparation: Step 12 - Consider a Private Investigator

By Jennifer Rice, Esq.

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Here is the twelfth post in a series about preparing for divorce. Divorce attorney Michael Sherman of the Alabama Family Law Blog has tips on divorce. I've added my comments in italics .

We continue our series on practical steps to consider when you are facing an imminent divorce. We are now on to Step 12 - Consider hiring a private investigator.

Alabama law does consider ?fault? when deciding how to divide property in a divorce. Additionally, depending on the facts, adultery can affect custody determinations. Colorado is a no-fault divorce state. The only grounds for divorce is irretrievable breakdown of the marriage. Fault does not matter to the division of property, debts or parenting issues in Colorado.

If your spouse is committing adultery, then you are better off having proof of it then not. This is the case even where you fully intend to settle your case. In fact, often having proof of an affair is what gets the case settled at terms that are fair to you. Again, not the case in Colorado but if knowing your spouse is cheating makes it easier on you, investigate away!

It is not fun to find out your spouse has cheated, and you may be like many of my clients who have said they would rather not know. But, you should think carefully before making that decision. Talk to your lawyer. Assuming you?ve chosen a good one, listen to their advice. If you are going to get proof of it, now is the time. Your lawyer should be able to talk to you about the costs involved (it is not cheap) and how to improve your chances of making the surveillance effective, should you choose to go that route.

In family law and divorce cases, private investigators are used to observe bad or negative behavior that may affect one's parenting (alcohol abuse, drug use, late night partying, etc.). Investigators are also used to locate and interview witnesses and obtain information about abuse and neglect.

Full post as published by Colorado Family Law Blog on October 02, 2007 (boomark / email).