Should You Hire a Private Investigator to Catch a Cheating Spouse in Orange County, California?
According to the American Psychological Association (APA), around 20-40 percent of divorces are a result of infidelity. In surveys published by Divorce Magazine, approximately 45-50 percent of married women and 50-60 percent of married men cheat on their spouses. According to the State of California, a private investigator is “(1) investigates crimes, (2) investigates the identity, business, occupation, character, etc., of a person, (3) investigates the location of lost or stolen property, (4) investigates the cause of fires, losses, accidents, damage or injury, or (5) secures evidence for use in court. ”
Although infidelity is an important part of the reason many marriages break down, it’s not as important a factor when it comes to the legal process of divorce. Many people are under the misapprehension that it is important to carefully collect evidence that will prove their spouse is cheating before filing for divorce. This was true once upon a time, but not in the modern era. The courts used to make decisions that would penalize the cheating spouse for being at fault in the breakdown of the marriage. The aggrieved spouse could even sue the paramour under laws pertaining to “Alienation of Affection.”
With the advent of no-fault divorce, this is no longer the case:
“Traditionally in family law courts during most of recent history, a divorce could not be obtained until one party proved wrongdoing of the other party.
This meant that even if one of the spouses decided they no longer wished to be married, it didn’t necessarily mean that a divorce was possible. Instead, the courts demanded that the aggrieved party prove wrongdoing by their spouse- typically this had to be either adultery, cruelty, abandonment, mental illness, and criminal conviction.
Under the leadership of Ronald Reagan in 1969, California became the first state in the U. S. that allowed no-fault divorce.
Since the advent of no-fault divorce, the only legal reasoning necessary to obtain a divorce in California is for one party to state that there are “irreconcilable differences.” It is never necessary to prove fault to obtain a decree of divorce.
This means that evidence of adultery no longer plays a central law in many family law cases. Instead, the courts divide property and custody of children based on the family code and other various considerations.”
In summary, this means that for most people, there is no reason to hire a private investigator to document evidence of an affair since the courts no longer penalize infidelity.
Why would someone choose to hire a private investigator in a no-fault divorce state?
The only reason to hire an investigator to look into infidelity would be if you are uncertain whether cheating is occurring and you want to find out for yourself. If you suspect your spouse may be unfaithful, but don’t know for sure, hiring a PI may be the right choice for you.
Resources for Hiring a Private Investigator in Orange County, California
- State of California Private Investigator Fact Sheet
- The California Association of Licensed Investigators is the largest private investigator association in the world, comprised of Private Investigators and allied professionals throughout California.
Do you have a divorce or family law question?
Call our office today at (949) 363-5551. We specialize in helping clients who have divorce and family law matters in orange county, California. John A. Bledsoe is Orange County’s premier divorce attorney and a certified family law specialist. Our firm offers a confidential initial case evaluation.
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