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"Does my misconduct matter in my divorce?"
If you can answer "no" to the question, "Is there anything you've done you can't tell your mother about?" then you probably have nothing to fear in your divorce case regarding your prior misconduct.
However, like most things in life, there is often more to it.
Where Misconduct Does Matter in a Divorce Case
Misconduct matters in a child custody case, but only if what you have done wrong impacts your child. Otherwise, misconduct does not matter.
Misconduct does matter in a child visitation case, but only if the misconduct seriously endangers the child's physical, mental, moral, or emotional health. Then the misconduct is counted against you. And in this situation, reasonable visitation is not allowed and there a basis to suspend, supervise, or restrict your visitation.
Where Misconduct Does Not Matter in a Divorce Case
The exception, however, is if you are receiving maintenance. You cannot reside with another person as a couple on a continuing conjugal basis. This is considered misconduct and can cause maintenance to be denied or terminated after the divorce.
If you have concerns regarding misconduct and child custody, or are interested in filing, contact a DuPage County child support attorney at 630-920-8855.
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