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 South Carolina, private investigators are regulated under state law and must be licensed to legally conduct surveillance and investigative work. The South Carolina Law Enforcement Division (SLED) is responsible for licensing private investigators, and applicants must meet certain requirements, including training and a background check, to obtain a license. During a divorce process, it is not uncommon for a spouse to hire a private investigator to gather evidence of adultery or other misconduct, as South Carolina is a fault-based divorce state where such evidence can impact divorce proceedings, particularly in matters of alimony and property division. However, private investigators must conduct their surveillance within the bounds of the law; they are not permitted to trespass on private property, engage in illegal wiretapping, or invade an individual's reasonable expectation of privacy. Any evidence obtained illegally may not be admissible in court and could result in penalties for the investigator.