Divorce in Illinois: What Is a Morality Clause?

 Posted on July 30, 2023 in Family Law

A morality clause dictates how soon-to-be-ex spouses will pursue romantic relationships after marriage when the child is living with them. While a spouse may include a morality clause in the divorce or child custody agreement (parenting plan), it is not a mandatory part of a divorce decree in Illinois. This article shares some common examples of the morality clause and its implication. 

Understanding the Morality Clause and Its Implications 

A morality clause safeguards a child’s best interests after a divorce by requiring parents to follow specific rules in romantic relationships. The rules typically focus on overnight guests, cohabitation, and when a child meets a new partner. It aims to provide a child of divorce with a safe, consistent, and stable environment by protecting them from frequent changes in their parents’ love lives. 

While the terms of the morality clause vary from situation to situation, there are some recurring regulations. 

Introducing Your Child to a New Romantic Partner 

A morality clause may stop a parent from introducing their significant other to a child unless they meet specific conditions. In most cases, the child is allowed to meet this new person after their parent and the new partner have been dating for at least three months. 

On the other hand, some parents want their ex to ask for their approval before introducing them to someone new. In this case, they might not have a time limit set. The approving parent only needs to assess the new significant other before they become a constant part of their child’s life. 

Inviting Overnight Guests  

Aside from not introducing the child to the person they are dating, a morality clause could require a parent not to invite romantic partners to stay overnight. In this situation, the law focuses on the child’s moral and mental health by ensuring they are not exposed to inappropriate aspects of adult relationships at a young age. Both parents generally adhere to this rule when a child is under their care during the allotted parenting time or lives with them. 

Cohabitation

The clause may ask a parent to refrain from having a live-in relationship with a new partner if a child lives with them.  However, cohabitation could be allowed after a romantic relationship has lasted for a predetermined amount of time. In some cases, a parenting plan might only allow a spouse to move in with a new romantic partner if they get engaged or married. Remember, none of these rules are set in stone. They vary from case to case and are based on what a couple considers moral best practices when they start dating new people. 

Contact a Hinsdale, IL Divorce Lawyer

Morality clauses are not mandatory, but some couples think it is the best way to ensure a child is raised in a stable environment. The court accepts these conditions to support a child’s moral, emotional, and mental health. If the addition of the clause is a spouse's malicious attempt to control an ex, you may ask the judge to remove the restrictions. Contact Hinsdale divorce attorneys from the Law Office of Martoccio & Martoccio to discuss the matter in detail. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000