Discovering infidelity with valid evidence in court

Marital infidelity is one of the main causes of marital crises in Italy. But how to deal with a suspicion of betrayal when you want to obtain concrete evidence that can be used in court?

In these cases, it is possible to rely on a licensed private investigator who operates in compliance with the law and with a Prefectural License.

However, it is not always possible to initiate a private investigation: there is a fundamental condition to legitimize this type of intervention.

The bond of marriage is essential

For an investigation into infidelity to be legitimate and legally usable in court, the existence of a marital bond is indispensable.

Without marriage, there is no legal right to defend, and consequently, the investigation is not justifiable on legal grounds.

Practical example: a suspicious cohabitant cannot hire an investigator to "discover infidelity" of their partner if they are not married.

In that case, the investigation would violate privacy and could constitute an offense.

Why turn to a private investigator?

The objective of an investigation for marital infidelity is to obtain testimonial evidence corroborated by photographic or video evidence, clearly documenting:
• Habitual extramarital encounters
• Presence of a known lover
• Suspicious trips or appointments
• Behaviors that violate the duty of fidelity established by Article 143 of the Civil Code

These pieces of evidence can:
• Be used in a judicial separation case
• Strengthen the position of the betrayed spouse to obtain the attribution of fault in the separation
• Support requests related to maintenance or asset management

Legality and limits of investigations

The activity of the private investigator is regulated by D.M. 269/2010 and must be carried out:
• Without violating the privacy of third parties not subject to investigation
• Without unlawful access to private places
• With lawful methods (surveillance in public places, permitted recordings, documentation of behaviors visible from the public road)

Every investigative report must be signed by the private investigator with a Prefectural License (beware of unauthorized investigators) and contain a certain date, evidentiary documentation, and the method used, in order to be admissible in court.

How much does an investigation for infidelity cost?

The cost of an investigation varies based on:
• Duration of the surveillance
• Complexity of the movements
• number of collaborators used and technological equipment employed (cameras, cars, GPS, etc.)

Conclusion: rely only on licensed investigators

Discovering a betrayal is painful, but knowing the truth with certain evidence can be decisive in protecting one's rights.

Relying on a private investigator regularly authorized by the Prefecture, with experience in cases of marital infidelity, is the only viable way to obtain valid evidence and act legally.

Remember: without marriage, it is not possible to initiate an investigation for infidelity, because there is no violated legal right to protect.

FAQ – Frequently Asked Questions

  • Can I have my partner investigated if we are not married?

No. Only the spouse has a legally protectable right in case of violation of the duty of fidelity.

  • Are the pieces of evidence collected by an investigator valid in court?

Yes, if the investigator is authorized by the Prefecture, has operated legally, and has produced a documented report.

  • Is the use of GPS allowed?

Yes, in support of the surveillance.

  • Do you need a lawyer to hire a detective?

No, but it is recommended to receive legal support in case of separation or civil lawsuit.

Do you want to know more or request an investigation?

Contact our Investigative Institute for a confidential, free, and no-obligation consultation.

We operate with discretion, legality, and absolute confidentiality throughout Italy.

Contact us