Personal and family matters
How to Document Infidelity for a Divorce
Whether infidelity matters legally depends on your state. When it does, the way evidence is gathered matters as much as what it shows.
Key points
- Ask your attorney what's relevant in your state
- Lawful surveillance and records hold up best
- Spending on an affair can matter financially
Start with your attorney
States differ on fault, alimony and how marital misconduct affects property division. Your attorney will tell you what evidence is worth gathering.
Lawful evidence
Surveillance video of public activity, records of shared property or travel, and financial evidence from accounts you lawfully access. See matrimonial investigations.
Dissipation of assets
Money spent on an affair may be relevant to property division in some states. Detectives can help document spending patterns and assets.
What to avoid
Hacking accounts, reading private messages on their device, recording their calls, or installing trackers can be illegal and can backfire in court.
Common questions
Do I need proof of an affair to divorce?
Not in no-fault states. Proof may still matter for some issues.
Can photos from surveillance be used?
Often, if lawfully obtained. Your attorney decides.
Should the detective work through my attorney?
It's often wise, and may protect the work.
This guide is general information, not legal advice. Laws change and vary by state; consult an attorney about your situation. See our legal disclaimer.
Related services
Services connected to this guide.
Matrimonial Investigations
Documented facts for separation and divorce, organized for your attorney.
Personal & FamilyInfidelity Investigations
Discreet fact-finding when you suspect a partner is being unfaithful.
Financial & AssetHidden Asset Investigations
Finding assets that someone has moved, renamed or concealed.
Keep reading
Related guides.
Signs of a Cheating Spouse, and What to Do Next
Common signs of infidelity, why signs alone aren't proof, what not to do, and how a lawful investigation can give you facts instead of suspicion.
Costs, timing and processCan Private Detective Evidence Be Used in Court?
When private detective evidence is admissible: lawful collection, authentication, chain of custody, testimony and common reasons evidence fails.
Business and legal mattersHow to Find Hidden Assets
How hidden assets are found in divorce, litigation and collections: common concealment methods, records, lifestyle evidence and legal process.
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