03 Jul Private Investigator During a Divorce in Florida
Introduction: Should You Use a Private Investigator During Divorce in Florida?
Hiring a private investigator during divorce in Florida can be a powerful tool—especially in contentious cases involving infidelity, hidden assets, or child custody concerns. In Miami, where high-net-worth divorces and complex parenting plans are common, strategic investigation may significantly impact the outcome of your case.
While Florida is a no-fault divorce state under Fla. Stat. § 61.052, the behavior of either spouse can still influence decisions related to alimony, equitable distribution, and parenting plans. This is particularly true where misconduct directly impacts financial or child-related issues. A licensed private investigator can help uncover facts that support your legal claims while staying within the bounds of the law.
Legal Role of a Private Investigator During a Divorce
Florida divorce courts require evidence to be relevant, credible, and legally obtained. A private investigator during a divorce can gather crucial information on:
- Adultery that could affect alimony awards (Fla. Stat. § 61.08)
- Concealed income or assets impacting equitable distribution under Fla. Stat. § 61.075
- Parental fitness related to child custody and timesharing (Fla. Stat. § 61.13)
Importantly, any evidence collected in violation of state or federal laws (such as unauthorized recordings or accessing private communications) may be deemed inadmissible. Rule 12.285 of the Florida Family Law Rules of Procedure outlines mandatory disclosure, and private investigators often complement this process by identifying discrepancies that warrant closer scrutiny through discovery tools.
What a Private Investigator During a Divorce Can Legally Do
Licensed investigators in Florida may legally:
- Conduct surveillance in public spaces
- Track social media activity
- Investigate financial records and public filings
- Interview third-party witnesses
However, they may not trespass, wiretap, hack devices, or install GPS trackers on a vehicle registered to someone else without explicit consent. Violating these rules can lead to civil penalties or dismissal of critical evidence from trial.
Private Investigator Use in Custody Cases
Hiring a private investigator during a divorce is common in custody disputes. Under Florida’s best interest standard, courts weigh parental behavior. Investigators may uncover:
- Substance abuse or criminal activity
- Unfit living environments
- Violation of parenting plans
In Merlihan v. Skinner, 382 So. 3d 735 (Fla. 4th DCA 2024), the appellate court reiterated that timesharing decisions must be made by the judge—not delegated to a guardian ad litem or another third party. This underscores the importance of presenting admissible evidence that the judge can evaluate firsthand. Surveillance that documents erratic or dangerous behavior may significantly influence a court’s custody determination under § 61.13(3).
Financial Investigations by a Private Investigator
Divorce often triggers suspicions of financial misconduct. A private investigator during a divorce can expose:
- Undisclosed bank accounts
- Hidden business income
- Lifestyle incongruent with reported income
These findings can be used to support motions for additional discovery or compel financial disclosures under Rule 12.285. Such evidence is also particularly useful in high-net-worth cases involving shell companies, offshore assets, or intentional underreporting of income. Investigators may assist attorneys by identifying properties or businesses that are not disclosed in mandatory financial affidavits.
Risks of Using a Private Investigator During a Divorce
Mishandling an investigation can backfire. Risks include:
- Illegally obtained evidence being inadmissible
- Damage to your credibility in court
- Potential sanctions or criminal liability
Always hire a Florida-licensed investigator with family law experience. Ensure that your attorney directs the investigation and filters any findings for legal relevance and admissibility.
How Florida Courts Evaluate Investigator Evidence
Judges in Miami divorce cases evaluate evidence from a private investigator during a divorce based on:
- Relevance
- Credibility and authenticity
- Impact on best interest of children or fairness in financial division
Video footage or records introduced by a private investigator must be authenticated and presented through sworn testimony or stipulation.
Why Miami Cases Require Strategic Investigators
In Miami, divorces often involve high-value assets, business interests, and international concerns. A private investigator during divorce in Florida familiar with Miami’s legal landscape can navigate complex, multilingual, and multi-jurisdictional issues efficiently. South Florida’s demographic diversity and cosmopolitan financial landscape make it especially important to work with investigators who understand regional court practices and cultural nuances.
Miami-Dade judges expect professionalism and precision. Investigators accustomed to working in the Eleventh Judicial Circuit are more likely to produce evidence that withstands judicial scrutiny.
FAQ
Can I legally hire a private investigator during a divorce?
Yes. Florida law allows it, as long as the investigator follows legal procedures and privacy laws. The evidence must comply with evidentiary standards to be admissible in court.
Will adultery impact my case?
It may. While Florida is a no-fault divorce state, adultery can affect alimony awards under Fla. Stat. § 61.08, especially when marital funds were used to support the affair.
Can a PI help find hidden money?
Yes. A private investigator can identify suspicious transactions, hidden property, or unreported income, which can be used to support equitable distribution claims under § 61.075.
What’s the most common mistake with private investigators?
Using unlicensed or overzealous investigators who break the law, rendering their evidence inadmissible and potentially harming your case.