In general, mandatory factors include the length of the marriage; the age, health and occupation of the parties; lifestyle of the spouses during marriage; needs and liabilities; contributions to the marital estate; assets and liabilities; behavior during the marriage; and employability.

Courts also have latitude in the application of factors to the overarching mandate of the best interest of the child. For example, because courts try to keep children in the marital home, very often the home will be awarded to the custodial parent (usually the mother), even when this distribution may be somewhat unequal to the noncustodial parent (usually the father).

In many states the behavior of the parties during the marriage is a mandatory factor, and courts frown on economic misbehavior, such as dissipating or hiding assets.

How a court weighs and considers these factors, even the mandatory ones, is, to some degree, a matter of judicial discretion. Implicit in the idea of mandatory and discretionary factors is the recognition that one set formula cannot cover all particular situations that may arise in domestic relations.

See also Judicial Discretion; Mandatory Factors.

Your Suggestion

1. Knowing the Law and Applicable Factors
   Before going to trial, it is a good idea to ask a lawyer for guidance about both mandatory and discretionary factors that may affect child support, alimony and property distribution. Reading the statute is not enough because sometime the way the law reads to a lay persons and its application are very different.
   Contributed on 7/3/2007 by: DivorceDex.com Staff

   Category: Divorce Procedure   (Applicable in All States)

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