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 Florida, private investigators are regulated under Chapter 493 of the Florida Statutes. Individuals or agencies offering private investigation services must be licensed by the Florida Department of Agriculture and Consumer Services. This includes those who follow and observe persons to collect evidence of illegal or improper activities. During a divorce, it is legal for a spouse to hire a licensed private investigator to gather evidence of adultery or other misconduct. However, private investigators must adhere to legal standards and cannot trespass on private property, record conversations without consent of at least one party (Florida is a two-party consent state for in-person communications but a one-party consent state for electronic communications), or engage in other illegal activities during their surveillance. Evidence gathered by a private investigator can be used in court, provided it has been obtained legally and is relevant to the case.