Also known as: relevant factors · relevant considerations
Written by attorneys · grounded in primary & secondary sources — see below
A directive requiring a court or decision-maker to weigh every pertinent circumstance in reaching a determination.
Select any source to read its text and confirm it supports the definition.
Alfred Ashford petitions for maintenance after his divorce from Amelia Amari. Alfred shows he lacks sufficient property and cannot support himself because he cares for their child with special needs. The court weighs Alfred's financial resources, the time needed for job training, the marital standard of living, and Amelia's ability to pay while meeting her own needs before setting the amount and duration of payments.
Anchor Bank sues Atlas Ventures after the LLC defaults on a loan. Atlas was formed with minimal capital, kept no records, and its sole member commingled funds with personal accounts. The court examines inadequate capitalization, failure to observe formalities, insolvency, and siphoning of assets to decide whether to disregard the entity's separate existence.
Arthur Abrams seeks child support from Adrian Aguilar after their divorce. Arthur has custody of their daughter who requires specialized tutoring. The court considers the child's own savings, Arthur's earnings and housing allowance, the pre-separation lifestyle, the daughter's educational needs, and Adrian's debt burden before fixing the support amount.
Austin Abbott and Amelia Amari dispute custody of their son. The child wishes to remain with Austin, who has been the primary caregiver. The court evaluates each parent's wishes, the child's preference, the child's relationship with each parent, and the stability of each household while ignoring conduct that does not affect parenting ability.
Alfred Ashford denies under oath that his marriage to Amelia Amari is broken. Amelia presents evidence of prolonged separation and ongoing discord. The court weighs the circumstances that prompted the petition and the realistic prospect of reconciliation before deciding whether to grant dissolution or continue the matter for counseling.
Adrian Aguilar and Arthur Abrams seek division of their marital assets after dissolution. Adrian contributed separate funds to the family home while Arthur managed household expenses. The court assigns each spouse's separate property and divides community property in just proportions after considering the duration of the marriage, each spouse's contributions, and their respective financial needs.
The court sets the amount and duration after considering all relevant factors listed in the statute. These include the financial resources of the party seeking maintenance, the time needed for education or training, the marital standard of living, the duration of the marriage, the age and condition of the parties, and the ability of the paying spouse to meet both sets of needs.
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Courts apply a totality of the circumstances test. Relevant factors include inadequate capitalization, failure to observe corporate formalities, insolvency of the entity, siphoning of funds by the dominant shareholder, absence of corporate records, and whether the entity functioned merely as a facade for the dominant person's operations.
…appraisal proceedings under the merger statute. In such cases the liquidating value of the stock is not the sole test of value; all relevant factors must be considered." I take this to mean that the approach to valuing shares under the Sterling rationale is no different than that to be employed in appraisal proceedings. If there is a…
…a compelling governmental interest in limiting foreign influence over the Nation’s political process. Pp. 46–47. (d) The relevant factors
…recognize that such a structured and mechanistic procedure is outmoded, with statutory appraisal requiring consideration of all relevant factors involving the value of the company. See Tri-Continental Corp. v. Battye , Del. Ch., 66 A.2d 910, 917-18 (1949); 8 Del.C. § 262(h). [^maj-8]: Information and insight not communicated to…
…542 A.2d at 1187. Although the justiciable issue in an appraisal action is a limited one, as this Court held in Weinberger “all relevant factors
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The court orders an amount reasonable or necessary for the child's support after considering all relevant factors. These include the financial resources of the child, the financial resources of the custodial parent, the standard of living the child would have enjoyed, the child's physical and emotional condition and educational needs, and the financial resources and needs of the noncustodial parent.
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The court determines custody according to the best interest of the child. It considers all relevant factors including the wishes of the parents, the wishes of the child, the child's relationship with each parent, the child's adjustment to home and community, and the mental and physical health of all individuals involved. Conduct of a proposed custodian that does not affect the relationship with the child is disregarded.
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The court considers all relevant factors including the circumstances that gave rise to the petition and the prospect of reconciliation. It then makes a finding whether the marriage is irretrievably broken or continues the matter for a further hearing between thirty and sixty days later and may suggest counseling.
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The court assigns each spouse's separate property to that spouse. It divides community property in just proportions without regard to marital misconduct after considering all relevant factors including the contributions of each spouse, the value of the property, the economic circumstances of each spouse, and the duration of the marriage.
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