Opportunity and Disposition
If you are the spouse seeking a divorce based on adultery, you must prove that your spouse had the "opportunity" and "disposition" to commit adultery. "Opportunity" may be shown by your spouse spending time alone with a member of the opposite sex in a residence or hotel. "Disposition" may be shown by some public display of affection or intimate correspondence. You should have a witness that can corroborate the opportunity and disposition.
Defenses to Adultery
There are 2 defenses which may prevent a divorce based on adultery: condonation, which is forgiveness by the non-cheating spouse or recrimination, which is when the party seeking the divorce has also committed adultery. Either of these defenses, if asserted by the cheating spouse, may prevent a judge from granting a divorce.
No waiting period
Unlike some other grounds for divorce, adultery is a ground that allows for an immediate divorce, without any minimum waiting period required. Also, the spouses do not have to be living in separate homes in order to obtain a divorce based on adultery.