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 Michigan, private investigators are regulated under the Professional Investigator Licensure Act (PILA), which requires them to be licensed by the Department of Licensing and Regulatory Affairs (LARA). To become a licensed private investigator in Michigan, individuals must meet certain criteria, including age, education, experience, and pass a 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. They are allowed to observe and collect evidence in public spaces, but they must not trespass on private property, engage in illegal wiretapping, or violate privacy laws. Evidence gathered by private investigators can be used in court, but it must be obtained legally. It's important to note that while Michigan is a no-fault divorce state, evidence of adultery may still impact divorce proceedings, particularly in matters of alimony and property division.