Be Careful of What You Agree to: Understanding the Morality Clause in Your Divorce

When you’re a divorcing parent, one of the issues you will likely face in your divorce is whether to include a “morality clause” in your?divorce judgment. Depending on the state you’re divorcing in, you may also have to live with a morality clause while your divorce is going on. Understanding that clause, and defining it in your divorce, can have tremendous long-term consequences for both you and your kids.

What is a Morality Clause?

While there are many kinds of morality clauses, the type of morality clause most parents have to deal with is a clause in a divorce decree that says that neither parent can have a romantic partner spend the night while the children are present.

(There are also morality clauses that prohibit a parent from using drugs or alcohol while in the presence of the children. But those are normally not made a part of a divorce judgment unless there's a specific reason to do so.)

Putting a morality clause about who can spend the night when the children are around is typically something that parents decide to do (or not) at the end of their divorce. However, it’s also possible to put a morality clause in place while a divorce case is pending.?What’s more, some courts (like in Texas) have a?standing order?that imposes an automatic morality clause in every divorce.

If your divorce is filed in a court that has such a standing order, you must abide by the terms of the automatic morality clause for as long as your case is pending. It doesn’t matter whether you like or agree with that clause. You must do what the order states. Period.

Morality Clause Examples

There is no ONE “morality clause” that everyone everywhere uses. However ... Read More