Divorce is hard, especially on children. Not only do they have to get used to the idea that their parents are no longer together, but there’s also the ever-present reality that, someday, mom and dad will start dating someone else. This is a normal part of moving on after a divorce. Yet, many divorcing parents may choose to protect their children from being exposed to watching these potentially serious relationships play out too quickly. This is where they may think the morality clause can be beneficial.
This legal provision prohibits certain dating behaviors (i.e. having your boyfriend or girlfriend stay overnight when you are in possession of the children) for a period of time after the divorce case is filed. In some cases, it finds its way into the final divorce decree. While this may seem like a good idea, knowing what you’re agreeing to or asking for with such a clause is important.
Pros and Cons of the Morality Clause
The morality clause protects a child’s best interests — specifically, maintaining a stable and healthy environment. Both parents may be in complete agreement with this. Still, at some point during the divorce or after it’s finalized, they will begin exploring the idea of dating again to find a serious relationship. In essence, the morality clause limits these interactions so the children don’t have to witness that process, which could include a lengthy list of boyfriends and girlfriends at first.
Before including a morality clause in your divorce papers, there are a few pros and cons to consider:
Morality Clause — Pros
- Prioritizes the children’s well-being during and after divorce
- Encourages responsible dating behavior
- Provides stability and structure for children
- Parents control who spends time with their children
Morality Clause — Cons
- Dating rules that fit your lifestyle now may only be workable in the short term
- Spiteful ex-spouses may weaponize morality clauses to punish the other spouse
- Children may be caught in the middle of bickering parents
- It can often be used by one ex-spouse to attempt to control the other
- A chance for a negative emotional impact on the children
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Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish are for informational purposes only. They do not constitute legal advice. The attorneys at Christman | Daniell believe in tailoring legal advice and solutions to your own personal circumstances.
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