Sample Script for Plaintiff’s Testimony

Before the hearing, the judge will ask you and your spouse if there is anything the court can do to help you reconcile your marriage. If you want a divorce, the proper answer is “no.”

Before you present your case, you will be sworn in.

After you are sworn in, you should testify as follows:

My name is _____________________________________________________________.

My address is: ___________________________________________________________.

I live in ________________County, State of ____________________________.

The Defendant lives in _____________________County, State of __________________________.

I married the Defendant on __________________________in _______________________County, State of ____________________________________.

I last lived with the Defendant in ___________________________, County, State of ______________________.

I would like a divorce based on one year’s continuous separation.

The Defendant and I separated on _________________________and we have not lived together since that time.

The Defendant and I have not made this up so you would give me a divorce.

The Defendant and I have no minor children and none are expected at this time.

The Defendant and I have no property, real or personal, or any debts that need to be divided by the court.

I waive my right to alimony and I understand I cannot come back later and ask for any.

(IF APPLICABLE) My maiden name is _____________________________________and I would like to go back to using it. I am not looking to change my name to avoid criminal prosecution or defraud creditors. I am not listed on any sex offender registry and I am not listed on the DSS Central Registry of Child Abuse and Neglect.

That is all of my testimony. I can answer any questions that you or the Defendant may have for me.

Listen carefully to any questions you are asked and answer truthfully. If at any time the judge tells you that you cannot proceed because of a technical error or for any other reason, you should request to have your hearing continued. You can say the following:

Your Honor, I respectfully move for a continuance of this hearing.

SCCA 400.11 SRL-DIV (7/2011)

Nye, Stephanie

2011-07-12

Clark, Winkie