Mandatory factors come into play in the equitable distribution of property, where they provide a uniform starting point. Even within this, however, judges put different emphasis on different factors. Mandatory factors determine the distribution of property, which when finished is set in concrete, and child support, which is subject to changes in circumstance.

In general, the consideration of mandatory factors makes a court’s decision broader and to an extent fairer than it might be if a divorce were decided on the basis of fault.

Mandatory factors work to the protection of nonworking spouses (almost always women whose contributions to the marriage have been noneconomic).

Some jurisdictions have discretionary factors a court may consider, and these vary by jurisdiction. In at least thirteen jurisdictions, conduct during the marriage (including the traditional notion of fault) may be a discretionary factor in a judge’s decision about property, child support and alimony.

Discretionary factors are tools by which the court strives to make the settlement fair and reasonable.

See also Fair and Reasonable; Equitable Distribution.

Your Suggestion

1. Mandatory Factors Vs. Marital Fault
   Depending upon the jurisdiction, mandatory factors may be more important than fault in the distribution of marital property. A person planning a divorce strategy should ask his or her lawyer about how mandatory factors work in his or her jurisdiction. A person should pose a question to his or her lawyer:
   "What factors is Judge Jones likely to consider in dividing the goods?" Experienced lawyers come to know how judges think based on past decisions.
   Contributed on 7/9/2007 by: DivorceDex.com Staff

   Category: Court Proceedings   (Applicable in All States)

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