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 Mississippi, private investigators are regulated under state law and are required to be licensed. The Mississippi Private Investigators Act of 2001 governs the licensing and conduct of private investigators in the state. To become a licensed private investigator in Mississippi, individuals must apply through the Mississippi State Board of Private Investigator and Private Security Agencies. The Board sets forth the requirements for licensure, which include a minimum age, education or experience prerequisites, and a criminal 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 permitted to observe and collect evidence on individuals in public places, but they must not violate privacy laws or engage in illegal activities such as trespassing or wiretapping without consent. Evidence gathered by private investigators can be used in court proceedings, including divorce cases, provided it has been obtained legally.