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 Colorado, private investigators are governed by state statutes that require them to be licensed under the Private Investigators Licensure Act. This act mandates that individuals or agencies offering private investigative services must obtain a state-issued license, which ensures that they meet certain professional and ethical standards. When it comes to the divorce process, hiring a private investigator to gather evidence of adultery or other improper behavior is legal. However, private investigators must conduct their surveillance within the bounds of the law. They are not permitted to trespass on private property, engage in illegal wiretapping, or violate privacy rights. Any evidence obtained illegally may not be admissible in court. It's important for individuals hiring a private investigator to ensure that the investigator is licensed and adheres to legal methods of surveillance. An attorney can provide guidance on the legal implications of using evidence gathered by a private investigator in divorce proceedings.