Q. I recently found out my sister has been dating a married man for over two years. She never told me he was married until very recently. She knew I wouldn’t approve. He has been telling her that he is in the process of getting divorced all this time, but I think he is just stringing her along.
I want to hire a private investigator to try to find out if he is actually getting divorced. Of course, until now, they have been telling the rest of the family that he is already divorced which is partly why I’m so suspicious.
Are private investigators worth the cost? I’ve looked into it and it is really expensive to have someone followed but I worry that is the only way to really know if he is lying to her.
A. It is quite possible that he is not lying to her. Divorces can take years in Massachusetts if people are not in agreement. For example, I just finished a trial last week where my client had filed for divorce in October of 2022. If your sister was dating my client’s husband – his claim would be 100% legitimate – divorce can take a really long time.
Private investigators are worth the expense in certain circumstances. For example, if someone is seeking alimony but is living with a new partner, they are not going to get alimony. Hiring a private investigator to follow the couple for a few weeks is likely much cheaper than paying thousands of dollars in alimony for several years.
There is a much cheaper way to learn the information rather than resorting to hiring a PI to follow him. In Massachusetts, unless the case is impounded for some reason (impoundment is unusual), a pending divorce case is a matter of public record. You can log in to the Mass Courts system and search for a pending divorce. You need to know the names of the parties involved and the county where they live. With that information you will be able to search to determine if a divorce is on file.
To make it more interesting, you can also view certain documents from the divorce case which are a matter of public record. The court does not allow the public to view everything so, for example, financial documents are not accessible. But, the complaint is so you know who filed and when and what relief they are asking for.
Email questions to whickey@brickjones.com