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 Arizona, private investigators are regulated under state law and must be licensed to legally conduct surveillance and investigative work. The Arizona Department of Public Safety is responsible for licensing private investigators, and applicants must meet certain requirements, including passing a criminal background check. When hired during a divorce process to investigate suspicions of adultery or other improper behavior, private investigators must operate within the bounds of the law. This means they cannot trespass on private property, engage in illegal wiretapping, or otherwise violate someone's reasonable expectation of privacy. Evidence gathered legally by a private investigator can be used in court proceedings, including divorce cases. However, it's important to note that Arizona is a no-fault divorce state, meaning that evidence of adultery may not have a significant impact on the outcome of the divorce, as the court does not require proof of wrongdoing to grant a divorce.