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The Divorce Encyclopedia
Material Fact


Term Definition Material Fact - important act, event or truth.
Application in Divorce As it applies to divorce, a material fact is evidence supporting the claim of a spouse wishing to for end the marriage. For example, the documentation of and act, event or truth can be entered as evidence. The term material fact implies one of substance independent of conjecture.

A claim of alienation of affection can be supported by material facts that also support an allegation of adultery.

Economic misconduct, including the secreting and/or dissipating of marital or community property, may be an aggregate of material facts. Court cases often turn on an orderly presentation of material facts.

In contested divorces that go to trial, the material facts of a failed marriage become public; in uncontested divorces, the material facts do not. In trials, judges and juries establish the truth of claims of material facts. Witnesses, particularly expert witnesses, often testify about material facts.

In a marital tort, material fact(s) may constitute a cause for action. For example, the transmission of a sexual disease from one partner to another is a material fact.

See also Essential to Marriage.

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