Facing a divorce is one of the hardest things a person can do. This is largely due to the fact that with divorce come issues of asset division, child custody, spousal support, reasons that the couple wants the divorce, etc. Additionally, when you plead anything in front of a family law court judge, you will need evidence to back up your claims. Any lack of evidence supporting your claims could shake your standing in the court’s eyes and work against you.
To ensure that doesn’t happen to them, some people are now turning to private investigators to collect the requisite evidence. While typically, spouses in a marriage will know what goes on, in the other’s life, there are some situations where this is not the case. Sometimes, the spouse is kept in dark in terms of finances and the other spouse’s activities out of the house. In such cases, litigating a divorce case and backing their claims up with adequate evidence can most certainly be a challenge.
To avoid all this, a private investigator can be used. Here is a look at some situations where a private investigator could come in handy.
When couples come into divorce court, they are required to disclose all of their assets before the court. Yet, some spouses who are ill advised by their lawyers may look to hide their assets. In such a case, if the other spouse has a mere suspicion or even an idea that the spouse might have more assets that they are showing, he or she may turn to a private investigator to find out the real situation. If a private investigator is able to find evidence of the assets being hidden, the other spouse can use it to their advantage in a divorce case. The courts are very tough towards spouses that lie to the court.
Often, spouses that have a prenuptial agreement may find it hard to get a greater share of spousal support or asset division than the one laid down in the agreement. However, some prenuptial agreement can have penalty clauses, where for instance, if an act of adultery has been committed by one of the spouse or any other such marital misconduct, then the pre nuptial agreement can be set aside by the court and the spouse being wronged will be given a greater share of the assets and a higher amount of spousal support.
This is an aspect of a divorce where neither of the spouses leaves a stone unturned to get the order in their favor. Some may even hire a private investigator to dig up some dirt against the other spouse that can be used in their case’s favor. The courts will take any evidence against either of the parent very seriously, since it functions on the principle of the best interest of the child.
Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.