Suspecting an affair in Peoria: what an investigation can prove

Restaurant patio in Peoria at night, the kind of public place an infidelity investigation documents

People who call private investigators about a suspected affair usually want one of two things. Some want to know for sure, for themselves, so they can decide what to do. Others have already decided and want something that will help in a divorce. Those are different jobs, and in Arizona the second one is narrower than many people expect.

This piece is for someone in Peoria who has that knot in their stomach and is trying to work out whether paying for an investigation makes sense. It's general information, not legal advice. Before you spend money on anything meant for court, talk to a family law attorney.

Why the affair itself may not decide much

Arizona dissolves a marriage on the finding that it is "irretrievably broken." Under A.R.S. 25-312, the court has to find there's no reasonable prospect of reconciliation. Neither spouse has to prove the other did something wrong. The exception is a covenant marriage, which has its own grounds under a separate statute, so check what kind of marriage you have.

In practice, that means proof of an affair rarely changes whether you get divorced. Your lawyer can tell you whether it matters for anything else in your case.

Where evidence can still matter

There are situations where what a private investigator documents can still be relevant, and these are the ones to raise with your lawyer.

Money. If a spouse is spending marital money on another relationship, such as travel, gifts, rent for another place, that may bear on how property and debts are divided. A private investigator can document visible spending patterns in public, like regular nights at a particular hotel, while your lawyer pursues the financial records through the court.

Children. If the concern is about who is around your children, or whether a spouse leaves them unsupervised to see someone, that can bear on parenting time and decision-making. The court will care about the kids' wellbeing, not the affair as such.

Credibility. Sometimes it matters that one spouse has told the court one thing and the evidence shows another, for example about where they live or who lives with them.

What a private investigator can document

Watching in public. A licensed private investigator can observe and record where someone goes and who they meet in public places, such as restaurants along the P83 strip, a parking lot off Bell Road, a hotel lobby. They report dates, times and what they saw.

Confirming a residence or a pattern. Whether a spouse is regularly at a particular address in north Peoria overnight, for instance.

Background on the other person. Public-record research on who someone is, whether they're married, and whether they have a relevant history.

What a private investigator won't do, and what you shouldn't either

A legitimate private investigator won't trespass, won't go into a home or a private yard, and won't record conversations they aren't part of. Arizona's interception statute, A.R.S. 13-3005, makes it a felony to intercept a call or electronic communication without a participant's consent, or to record a conversation you aren't present for without a party's consent.

That last point is where spouses get into trouble. Spyware on a partner's phone, reading their messages by guessing a password, or a hidden recorder in their car can expose you to criminal and civil liability, and can wreck your credibility in the divorce. Talk to your lawyer before you do anything like that, and assume the answer is no.

GPS trackers on a spouse's car are another bad idea, even on a car you co-own. Judges rarely see it as a sympathetic move.

Making it worth the money

Narrow it down. If you suspect your spouse is meeting someone on Thursday nights after work, ask for surveillance on Thursday nights, not round-the-clock coverage for two weeks. Give the private investigator the vehicles, the usual routes, the workplace and any names you have.

Decide in advance what you'll do with each possible answer. A report that says your spouse went to the gym and came home is a real result. So is one that confirms what you feared. Either way, you'll want a plan.

Ask about the report format and whether the private investigator has testified in family court. Divorce and parenting cases for Peoria families are handled in Maricopa County Superior Court, which has a Northwest Regional Center at 14264 W. Tierra Buena Lane in Surprise as well as the downtown Phoenix buildings.

Checking who you hire

Arizona private investigators are licensed by the Department of Public Safety, which says license status can be checked through its Public Services Portal. Our guide to verifying an Arizona private investigator license walks through it, and our Peoria hiring checklist covers what to ask before signing.

The Peoria private investigators page lists private investigators who are members of the Arizona Association of Licensed Private Investigators (AALPI), and the West Valley list has more nearby. Other local listings are on the Peoria page.

Write down the specific days and times that made you suspicious, then take that list to a family lawyer before you call anyone else.

See the board: everyone in Peoria · private investigators only.