The following is a brief discussion of how you would usually prove certain grounds for divorce at the final hearing.
No-Fault
For a no-fault divorce, you need to testify that your marriage is irretrievably broken (or use whatever language is used in your state), and briefly tell the judge why you do not want to be married any longer. In some states and in some types of consent procedures, your spouse may also need to say the same thing. If there is a separation period required, you may also need to bring a friend to testify that you and your spouse have been living apart for the required period.
Adultery
To prove the ground of adultery, you need testimony from someone who has good, first-hand knowledge of your spouse’s affair. This can be you, a friend, a neighbor, or even a private investigator you hired to investigate your spouse. It will have to be someone who has seen your spouse with the other person in a situation strongly indicating adultery, such as engaging in a sexual act, coming and going from a hotel room, etc.
Cruelty, Desertion, Alcoholism, Drug Abuse, or Impotence
The grounds of cruelty, desertion, alcoholism, drug abuse, or impotence can generally be proven by your testimony alone. It is helpful for you to have another person testify as well in order to verify what you say. Also helpful is the testimony of a doctor or other professional who has treated your spouse for alcoholism, drug abuse, or impotence. A court order for treatment of alcoholism or drug abuse, or other documented evidence could also be used.
Insanity
To prove the ground of insanity, you need the testimony of a mental health professional (psychiatrist, psychologist, etc.) who has examined your spouse; someone with official records documenting the insanity; or, a certified copy of a court order committing your spouse to a mental institution. It will not be enough for you and your friends to go to court and say, “He’s crazy.”
Imprisonment
To prove the ground of imprisonment, you need a certified copy of the court’s judgment of conviction and sentencing order. Some states only allow divorce for felony convictions or for prison sentences of more than a certain length of time. Just be sure the papers you have show whatever information is required by the divorce laws in your state. It will be a great proving ground for your divorce!
