A private investigator or private detective is a person who secretly follows and observes persons in public places for the purpose of witnessing behavior and collecting evidence of any illegal or improper activities (photos, videos, etc.). During the divorce process a spouse who suspects their spouse of cheating (adultery) or other improper or illegal behavior may hire a private investigator to follow or “tail” the other spouse.
In Alaska, private investigators are not required to be licensed at the state level. However, some local jurisdictions within Alaska may have their own licensing requirements for private investigators. When hired during a divorce process to gather evidence of adultery or other improper behavior, private investigators must operate within the bounds of the law. This means they must not trespass on private property, engage in illegal wiretapping, or otherwise violate privacy laws. Evidence gathered legally by a private investigator can be used in court and may affect the outcome of divorce proceedings, particularly if Alaska's fault-based divorce laws are invoked, where adultery can be a factor in the division of marital assets or alimony. It is important for private investigators to conduct their surveillance in public places where there is no expectation of privacy. Clients hiring private investigators should seek the advice of an attorney to ensure that the investigation is conducted legally and that the evidence obtained is admissible in court.