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 Vermont, private investigators are regulated under state law. They are required to be licensed to legally conduct surveillance and investigative work. The Vermont Secretary of State’s Office of Professional Regulation is responsible for the licensing of private investigators. When hired during a divorce process to gather evidence of adultery or other improper behavior, private investigators must adhere to legal standards of conduct. This means they must respect privacy laws and cannot trespass on private property, wiretap phone conversations without consent, or engage in any form of harassment or illegal activity while conducting their investigations. Evidence gathered legally by a private investigator can be used in court proceedings, including divorce cases. However, if a private investigator breaks the law while obtaining evidence, that evidence may be deemed inadmissible, and the investigator could face legal consequences.