Investigations for Law Firms: Family Law

The investigative agency Argo offers its professionalism and experience to law firms specializing in family law.

In this field, investigative activity is useful to assert one’s rights in court through the identification and collection of evidence proving the violation of duties imposed by law on spouses after marriage.

Argo Investigazioni provides assistance in cases of:

Marital infidelity

One of the duties spouses mutually assume upon marriage is the duty of fidelity, which is breached in cases of adultery. It matters little whether the infidelity occurs through a long-term extramarital affair, a “fling,” or even a platonic or virtual relationship; in all cases, it constitutes a violation potentially sufficient to obtain a court ruling assigning fault for the separation to the unfaithful spouse, provided it is proven that this caused the breakdown of the marital relationship and the intolerability of continued cohabitation.

If the betrayed spouse suffers damage resulting from the adultery or even harm to their health due to the manner in which the betrayal occurred, for example, if it damages their honor or dignity, they may request compensation from the other spouse (Cass. Civ., ordinance November 11, 2020, no. 26383 and Cass. Civ., Section III, judgment March 7, 2019, no. 6598), even regardless of the fault ruling.

In any case, it is fundamental to gather incontrovertible evidence proving the betrayal and the existence of damages to support one’s claims.

Violation of the duty of material assistance

Another duty arising from marriage is assistance, both moral and material. Regarding material assistance, it continues even in cases of separation and divorce, for example, in the obligation to support the other spouse if they are not economically self-sufficient.

During the marriage, it also translates into the mutual obligation of both spouses to contribute to family expenses according to their income capacities.

In light of this, Argo Investigazioni conducts targeted asset investigations to identify any behaviors inconsistent with the trust relationship between spouses or future spouses.

Determination or revision of maintenance alimony

In the event of separation, the economically stronger spouse is required to provide a periodic contribution to the other spouse or children. The amount of maintenance is usually set based on the spouses’ economic conditions and the children’s needs, which may change over time, requiring revision of the contribution.

However, maintenance is not automatic and, in certain cases, is not owed. It is granted only if the economically weaker spouse:

• Is not at fault for the separation;
• Does not receive any income;
• Does not live with another person (although simply having a new relationship does not immediately cause loss of support).

Given these possibilities, the private investigator’s contribution is important to collect evidence aimed at proving that maintenance was never due — for example, because the spouse actually has an “undisclosed” job, or because they have started a stable cohabitation, or because their financial situation has improved over time enough to justify a revision of the support amount.

Request for exclusive custody of the minor

Generally, in case of spouses’ separation, the law provides for joint custody of children by both parents. However, if serious reasons exist making one parent wholly unfit for their role, the minor may be entrusted exclusively to one parent.

For instance, this could concern a completely absent parent who has shown severe emotional neglect, violence toward the children or their mother in their presence, or substance abuse. In such cases, always in the minor’s best interest, exclusive custody can be requested at any time, even after a judge has ordered joint custody. The request must be sufficiently motivated and accompanied by reasons why custody with that parent is incompatible with the minor’s best interests. The use of a private investigator is therefore important to collect concrete, reliable evidence on which to base the exclusive custody request.

At the conclusion of the investigation, a detailed technical report will be prepared, supported by photographs and videos, usable in court.

It should be noted that in family law, and more precisely in separation proceedings, evidence collected by a private investigator is admissible even if submitted late, that is, presented on appeal, when it aims to protect the moral and material interests of the children.

This was established by the Supreme Court in ordinance no. 21178 of August 24, 2018, in a case where, after a first-instance ruling granting exclusive custody of the children to the mother and obligating the father to pay child support, the amount of support was increased on appeal based on an investigative report submitted by the mother’s defense showing an additional source of the husband’s income.

The husband appealed to the Supreme Court, alleging procedural violations regarding the admission of evidence obtained on appeal and therefore late.

The Supreme Court did not find a violation, citing public interest in protecting the moral and material interests of the children, which lie beyond the initiative and control of the parties.