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 Virginia, private investigators are regulated under state law and must be licensed to legally conduct surveillance and investigative work. The Department of Criminal Justice Services (DCJS) is responsible for the oversight of private security services, including private investigators. To become a licensed private investigator in Virginia, individuals must meet certain requirements, including training, experience, and a background check. When hired during a divorce process to gather evidence of adultery or other improper behavior, private investigators must operate within the bounds of the law. This means they must not trespass on private property, engage in illegal wiretapping, or violate privacy laws. Evidence gathered by a private investigator can be used in court, but it must be obtained legally. Adultery is still considered a misdemeanor criminal offense in Virginia and can also be grounds for a fault-based divorce, which may affect alimony and property division.