Texas Divorce Morality Clauses in 2025: A Guide

As part of a divorce decree, a morality clause divorce provision is intended to protect the well-being of a child by placing limits on the romantic behavior of each parent. These clauses often regulate when and how new romantic partners may be introduced, which can feel intrusive or overly restrictive to some parents. While the goal is to promote stability for the child, morality clauses can raise a variety of legal and practical concerns. In this blog post, we will explore the issues that commonly arise with morality clauses and how they are applied in Texas divorce cases. The Law Office of Bryan Fagan serves families across Texas and is available to answer any questions you may have about the topics discussed here.

Including a morality clause in your divorce decree- what you need to know

Whether you are comfortable with a morality clause depends upon several factors. One reason why families choose to include morality clauses is to regulate who comes into their homes. When you are worried about who your ex-spouse is bringing home, a morality clause can be of great assistance to your family. You may have run into issues with this issue even during your marriage. Rather than allowing romantic partners to come and go as they please, a morality clause can reduce those kinds of occurrences.

Another positive component of a morality clause is to place the focus of your post-divorce life on your children. In some cases, even well-meaning parents may lose sight of what is most important and instead focus their attention on a new relationship. This is understandable given the end of your marriage. However, your children need your care and attention during this time. As a result, a morality clause can bring the focus of your family to the children rather than any romantic relationship.

Remember, also, that the best interest of your child needs to be the primary focus of you and your co-parent. Whatever else is going on in your lives, you cannot lose sight of your children. The best interests of the child standard guides courts when making decisions on behalf of your children. Likewise, it is presumed that you and your co-parent each make decisions with the best interest of your child at heart. Placing a focus on your children means that other parts of your life necessarily will take a back seat.

Texas Divorce Morality Clause Be Careful What You Ask For

Possible downsides to a morality clause

One of the most obvious shortcomings of a morality clause is that it can put you in a position where you and your ex-spouse disagree with one another regularly. There are already a host of issues that leave you susceptible to arguing with your former spouse. A morality clause is just one more area of your life where disagreements can occur. Trying to keep track of your former spouse’s romantic behavior is a sensitive area. Most of us would not want to get involved in that kind of monitoring if we could at all help it. However, when you have a morality clause, this is the type of activity that you will be involved in.

Next, a morality clause may discourage new relationships from forming after a divorce. Many potential partners will be less interested in a relationship with you if they know that there are restrictions on your behavior. The idea of having their behavior scrutinized, potentially by a court, is also unappealing to many people. As a result, you may find that the dating pool after a divorce is less deep than you otherwise would have thought. Again, this is likely temporary. For now, however, the bottom line is that your options in the dating world may be somewhat limited.

Finally, being able to hold your ex-spouse accountable for their actions can be challenging with the morality clause. You need to ask yourself how you plan on collecting evidence if a violation of your court orders occurs. The only thing more difficult than finding out about a violation of the morality clause is proving that a violation has occurred. Working with an experienced family law attorney can be the difference between making allegations of a morality clause being violated and proving that this has occurred.

Morality clauses during a divorce

One of the Interesting components of a divorce is that morality clauses may already be included in your temporary orders. For example, it is common for people to include morality clauses in their proposed temporary orders even before mediation. Specific to your case, if you have a concern about your spouse’s behavior, then you may need to add in extra language. This can occur in circumstances where your spouse has engaged in an extramarital affair. Especially in situations where your children have been exposed to cheating it is not outlandish to include additional restrictions in your temporary orders.

Certain counties in Texas have what are called standing orders at the beginning of a divorce. A standing order is a group of orders set forth by the county where your case has been filed. These standing orders go into effect even before a temporary orders hearing is held. Standing orders restrict behavior and provide ground rules to parties who are going through a divorce. Review your standing orders to determine whether the morality clause is already included.

In large part, how your judge views the morality clause will determine the sort of behavior that is allowed in your case. In short, family court judges view morality clauses differently, oftentimes. Depending upon your judge, you may find that the judge is particularly lenient or strict regarding the Morality clause. Working with an experienced family law attorney will allow you to gain a better understanding of how your judge views certain circumstances. Contact the Law Office of Bryan Fagan to learn more about how an attorney with our office can serve you and your family during a divorce.

Negotiating a morality clause in your divorce

As we just mentioned, morality clauses are common in Texas divorce decrees. Depending upon the court that your case is filed in, you may not even need to negotiate for a morality clause. A judge will insert that into your temporary orders whether you like it or not. However, in other situations, you may be able to work with your spouse to create a morality clause that is agreeable to both of you. Be honest with your spouse about your concerns. Certainly, A history of infidelity heightens the need for limitations on romantic involvement during a divorce.

Both you and your spouse need to remember that it is in the best interest of your children that matters most in a circumstance like this. You are not trying to harm the other person’s dating prospects. With that said, your actions can have major consequences on a family like yours. What your children see may lead them to ask questions about your behavior. The consistency and stability of your child’s life during a divorce is a primary concern for many families. As a result, if you can do anything to help your child feel better during a divorce, it should be explored.

Put yourself in the shoes of your children. They likely are not old enough or mature enough to fully understand the impact of the divorce. Now add to that the complexities of a romantic relationship. It will be asking your child a lot to process all of this healthily. This is the motivation for including a morality clause in your court orders.

What to do if you are already dating?

A morality clause can throw any dating relationship that you are engaged in into turmoil. Dating and marriage do not mix well. Even though you are going through a divorce that does not mean that your marriage has legally come to an end. Just because you move out does not mean the marriage is over. It may feel like the marriage has ended, but the court still treats you and your spouse as married. Therefore, a dating relationship can potentially harm your case. Here are some thoughts on dating during a divorce.

If you are dating during your divorce, it is advisable to put that relationship on hold. We realized that this may be easier said than done. However, it is difficult to date during a divorce, only because that relationship may conflict with several other goals that you have with your case. For example, the division of Community property is a part of your divorce. However, if you or your spouse is spending Community property income on a significant other, then that changes how your property is being divided.

Additionally, adultery is a fault ground for divorce in Texas. A fault ground for divorce allows for a disproportionate division of your community property. That means that if you are dating during a divorce, it can conceivably lead to a disproportionate division of your community property. On top of that, he may receive less favorable child custody guidelines. These are the risks associated with dating during a divorce. Before you date during a divorce, it is advisable to think long and hard about the consequences of your actions.

What about mediation?

Mediation is one of the unsung heroes of divorce in Texas. By attending mediation with your spouse, you can better arrive at mutually agreeable outcomes. So often during a divorce, we attempt to negotiate settlements without having the full attention of your spouse. This is one of the most distinct advantages that mediation offers. Namely, the opportunity to speak to your spouse in an environment where nothing else is going on. For those of you who are unaware, this is how mediation functions within a divorce.

Mediation offers you and your spouse an opportunity to engage in settlement negotiations together. Both of you have an opportunity to name a mediator for your case. The mediator acts like a ping-pong ball bouncing back and forth between both of you. Settlement offers are conveyed, and counterproposals can be communicated. Instead of negotiating directly over the phone or face-to-face, a mediator can guide discussions between you and your spouse. The mediator helps keep the focus on the most important issues in your case. At the same time, using a mediator reduces the emotional strain of divorce. Much of the communication is handled through the mediator, which helps minimize conflict and tension.

Mediation involves hiring a former judge we’re currently practicing family law attorney. This means that the person you are mediating with has experience in family law cases. Odds are good that the mediator will have first-hand experience with your judge. If you have any questions about what the judge is likely to do in response to any given issue, a mediator can provide you with helpful knowledge. It is almost like mediation can be a preview of what you can expect in the courtroom. Talk with your attorney about what mediator may be well-suited to serve you and your divorce case.

Understand what your court orders say

One of the easiest ways to find yourself in trouble with a judge is to violate your court orders. However, it is difficult to violate court orders when you understand what they have to say. Many families go through an entire divorce case without having read their court orders. This is a major mistake and can harm your ability to act responsibly during a case. As a result, it pays to read your court orders and to understand them.

Admittedly, it can be difficult to do this. Court orders are not always written straightforwardly. You may find that the court orders in your case are complex or written in language that you are unfamiliar with. However, this does not mean that you can take a pass on reading these court orders. Rather, it places even more of an emphasis on understanding what they have to say. Before signing any court orders, you need to read through them. Violating a court order carries with it several consequences for your case.

Not having read the court order or not understanding it is not a valid defense. A judge will expect that you will have a more nuanced defense if a violation of your court order occurs. A lot of these issues can be avoided by learning the court order and having your questions answered early in the process. Remember that it is easier to have your questions answered while the divorce is ongoing. Finding answers after a divorce means spending time performing research or paying money for an attorney’s advice.

Final thoughts on morality clauses in Texas divorce cases

Whether to include a morality clause divorce provision is ultimately a decision for you and your spouse to make. Every family’s situation is different, and your shared history, parenting dynamics, and unique circumstances all play an important role in determining what is appropriate. Weighing these factors can be challenging, which is why it is important to carefully consider whether a morality clause truly serves your family’s needs. While many families have found morality clauses beneficial in providing structure and stability after divorce, that does not mean they are the right solution for every case. The key is determining whether such a provision would genuinely support your child’s best interests and your family’s long-term well-being.

Reading about morality clauses on our blog is a great place to begin. Here, you can find trustworthy information that is geared toward Texas families just like yours. That does not mean that you should stop there, however. Continue to work towards learning as much as you can about morality clauses through whatever resources you have available to you. The Law Office of Bryan Fagan offers free consultations six days a week, where we can talk with you about your family circumstances. No two families are created equally. This means that what works for your family may not serve another just as well.

Our attorneys craft individualized plans and case strategies for each of our clients. We do not copy and paste the strategy from one case to another. Rather, we take your circumstances seriously. Our attorneys can prepare for a hearing or mediation that is second to none. You deserve results in a family law case. Our attorneys aim to deliver superior results that are geared toward your goals.

Why Divorce Lawyers in Round Rock, Texas Are in High Demand

Still have questions about today’s blog post? Contact the Law Office of Bryan Fagan

The attorneys with the Law Office of Bryan Fagan serve clients throughout the state of Texas. We have office locations in each of the major metropolitan areas of Texas. That means we are equipped to serve you and your family’s needs, no matter where you are. We know that a divorce is an intimidating process. Our attorneys work to educate our clients and to provide them with the keys they need to open whatever closed doors they find during a complex divorce.

Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan

The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.

Frequently Asked Questions

What is a morality clause in a Texas divorce decree?

A morality clause is a provision in a divorce decree that restricts parents from having romantic partners stay overnight when the children are present. Its purpose is to promote stability and protect children from being exposed to a revolving door of new relationships.

Why do parents choose to include a morality clause?

Parents often include morality clauses to regulate who comes into the home when the children are present. This can help ensure a safer, more stable environment and reduce concerns about an ex-spouse introducing new romantic partners too quickly.

What are the potential downsides of a morality clause?

Morality clauses can lead to disagreements between ex-spouses, limit new dating opportunities, and be difficult to enforce. Proving violations often requires evidence that may be intrusive or hard to gather.

Are morality clauses automatically included in Texas divorces?

Sometimes. Some Texas counties include morality clauses in their standing orders, which automatically apply at the start of a divorce. In other counties, the clause must be negotiated or added through temporary orders or final orders.

Can a morality clause impact dating during a divorce?

Yes. Dating during divorce can violate a morality clause, harm credibility, affect the division of community property, or influence child custody determinations—especially if children are exposed to the new partner.

Can a morality clause be negotiated or customized?

Absolutely. While some judges impose standard clauses, many morality clauses can be tailored based on the family’s needs. Mediation allows both parents to agree on reasonable terms that protect children without being overly restrictive.

How do you enforce or modify a morality clause?

To enforce a violation, you must provide evidence in court—which can be challenging. To modify or remove the clause, you must file a request to modify the decree and show that circumstances have changed and that the modification serves the child’s best interests.

Texas Divorce Morality Clause – Be Careful What You Ask For