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 Minnesota, private investigators are regulated under Minnesota Statutes Chapter 326.3381 to 326.3391. Individuals or agencies offering private investigative services must be licensed by the Minnesota Board of Private Detective and Protective Agent Services. This licensing ensures that private investigators operate within legal boundaries, which include respecting privacy laws and not engaging in illegal activities such as trespassing or wiretapping without consent. During a divorce process, it is legal for a spouse to hire a licensed private investigator to gather evidence of adultery or other misconduct. However, the evidence collected must be obtained legally and ethically. The use of such evidence in divorce proceedings is subject to the Minnesota Rules of Evidence, and it may impact aspects of the divorce such as alimony, but Minnesota is a no-fault divorce state, meaning that evidence of adultery may not have as significant an impact on the divorce outcome as in some other states.