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 Rhode Island, private investigators or private detectives are regulated under state law. They are required to be licensed by the Rhode Island Department of Business Regulation. To become a licensed private investigator, individuals must meet certain requirements, including passing a background check and, in some cases, completing relevant training or possessing experience in the field. 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. This means they are permitted to observe and collect evidence in public spaces, but they must not engage in illegal activities such as trespassing on private property, wiretapping, or other forms of illegal surveillance. Evidence gathered by private investigators can be used in divorce proceedings, particularly in cases where fault may impact the division of assets or alimony. However, it's important to note that Rhode Island is a 'no-fault' divorce state, meaning that adultery or other misconduct does not necessarily affect the outcome of a divorce unless it can be shown to have an economic impact on the marital estate.