If you believe that your spouse might have been unfaithful, a private investigator could gather the necessary evidence to prove your suspicions. It’s a major step, and it might be a considerable investment. Is it really worth it? To answer this question, you need to weigh the pros and cons with a firm understanding of how family laws in Georgia work. A discussion with an experienced alimony lawyer in Georgia may make this decision easier.
Proving Adultery Can Be Financially Rewarding in Georgia
Georgia imposes financial penalties on spouses guilty of adultery. If you can establish that your spouse was unfaithful during your marriage, these financial penalties may translate into significant savings for you. The most obvious example is a spouse who faces burdensome alimony payments. If this spouse can prove that their ex was unfaithful, they may be able to completely escape their alimony obligations.
On the other hand, you might already be expecting alimony payments to you after your divorce. If this is the case, proving adultery could still be beneficial, as you might receive more alimony than normal as a result.
Do You Really Need a Private Investigator to Prove Adultery?
Proving adultery may be easier than you realize, and hiring a private investigator could be unnecessary. In Georgia, the burden of proof in a civil family case is a preponderance of the evidence. In other words, you only need to prove a 51% likelihood that your ex is guilty of adultery.
A private investigator might gather photographs, videos, and other evidence. But what if you can find the necessary evidence yourself, or with help from a family law attorney in Georgia? It might be as easy as combing through social media profiles and finding certain posts or images. Take a few screenshots, and this could be more than enough to satisfy the court.
What Happens if Your Private Investigator Fails to Find Evidence?
Let’s say your private investigator fails to find any evidence of adultery. What are the financial consequences of this worst-case scenario? First, you will likely need to pay for the cost of the private investigator out of your own pocket. If you used marital (shared) funds to pay for their services, the court may deduct the cost of the PI from your share of those marital funds.
On the other hand, your ex may have to pay for the PI services if evidence clearly shows their adultery. From the perspective of the court, the cost of these services represents necessary legal fees, and your ex may have to pay for them with their share of the marital funds.
Talk to an Alimony Lawyer in Georgia Before You Make Your Decision
A discussion with an experienced alimony lawyer in Georgia may be helpful as you consider whether to hire a private investigator. The financial rewards may be immense, especially if you can avoid paying significant alimony sums. On the other hand, this could be a wasted endeavor if you fail to find any evidence of adultery. Contact Lankford & Moore Law at (678) 753-4529 and discuss your next move with a legal professional.
