Even though adultery isn't a reason needed to file for divorce anymore in most states because of "no fault" divorce laws, the spouse of a suspected cheater will often still hire a private investigator to investigate whether or not their spouse is cheating. They want to know if their suspicions are true.
Washington State is a "no fault" state, which means that either party can file for divorce without providing proof of a specific cause, such as adultery. Instead, the filing party only has to state that the marriage is "irretrievably broken." Because adultery is not taken into consideration in a Washington State divorce, it does not impact the parenting plan or divorce settlement. Judges write alimony orders without regard to misconduct. This means that the family court cannot consider any kind of fault or marital misconduct, including adultery, when it makes decisions about alimony.
Recording ConversationsEach state maintains their own laws concerning recording conversations. You may hear the term "one-party consent" or you may hear the term "two party" consent. In the State of Washington, all parties must consent to being recorded. In addition, under federal laws, you cannot surreptitiously place a bug or any recording device on a person, their cellular phone; in their home, car, office etc., to secretly record a conversation between people who have not consented. Violating these laws not only do nothing to help your case, but these laws actually expose you to the risk of criminal prosecution, as well also potentially give an injured party(s) the ability to file a civil claim for money
Bottom Line: Do Not Record Conversations. It could potentially land you in jail and/or court owing your spouses lover money because they sued you.
Although spousal surveillance by a private investigator is one of the most frequently used tools for uncovering infidelity, each case comes with its own set of circumstances and can call for different measures.
Brian Blackwell Investigations | Seattle, Washington