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 Illinois, private investigators are regulated under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Private investigators must be licensed by the Illinois Department of Financial and Professional Regulation (IDFPR) to legally conduct surveillance and gather information. During a divorce process, it is not uncommon for a spouse to hire a private investigator to gather evidence of adultery or other misconduct that could impact the outcome of the divorce proceedings, such as custody arrangements or division of assets. However, private investigators must operate within the bounds of the law; they are prohibited from trespassing on private property, engaging in illegal wiretapping, or otherwise violating someone's reasonable expectation of privacy. Evidence gathered in violation of these laws may not be admissible in court and could result in legal consequences for the investigator and potentially the client who hired them.