Law Office of William B. Doonan

Is your social media use hurting your custody case?

2026-07-20T09:15:20Z

Going through a custody dispute usually brings a lot of stress into your life. It might be tempting to resort to social media just to vent out your frustrations. However, posting your thoughts online may only add fuel to the fire. Understanding the risks of social media generally makes it easier to protect your household from unexpected conflict.

Online venting may create real-world drama

It might be wise to assume that your every post or comment about your case could reach the other party. Even a subtle jab about your ex-partner may invite heated discussions. Furthermore, other people might join in and turn a private matter into public drama. This cross-firing may pull your children directly into adult issues. For example, your child might become upset after seeing a mean post about you and your spouse. Digital gossip could spread quickly and create unnecessary tension that might disrupt your children’s peace of mind. Ultimately, this public friction could spill into your legal dispute and hurt your case. Decision-makers may look at internet behavior to judge your parental cooperation. For these reasons, you may need to consider controlling your online activity.

Simple online changes help protect your peace

Being intentional online might help protect your privacy and keep life more stable for your children. You can take small steps to keep your private life out of the public eye. Consider the following:

Pausing before you click the post button to check your emotions.
Tightening your privacy settings so only close friends see your updates.
Avoiding discussing the case on your profile.
Keeping sensitive details about your children off the internet.
Moving communication to private text messages or specialized apps.

These minor adjustments to your internet habits might help prevent headaches later.

A quieter social media, a happier home

Your household deserves an environment free from public disputes. A quiet and respectful online presence may help prevent new conflicts. In addition, maintaining a low-key profile while your case is ongoing could provide a strong foundation when it is time to evaluate your situation.

Claiming spousal maintenance for a Texas marriage under 10 years

2026-06-16T09:02:46Z

In Texas, most people assume that spousal maintenance only applies to marriages that lasted 10 years or longer. But if you had a shorter marriage, you still have options. This is why understanding what the law allows can help you move forward in your divorce with confidence.

What is the 10-year rule in Texas?

Texas law sets a 10-year threshold for spousal maintenance eligibility. If you were married for 10 years or longer, you can petition the court for financial support when you lack enough income to cover your basic living expenses. Under this rule, you do not need to prove abuse or disability to qualify. However, if you had a shorter marriage, different requirements may apply. Fortunately, Texas law still provides two pathways that may work for your situation.

Two ways shorter marriages can still qualify

Even if you were married for less than 10 years, Texas law still offers you a path toward spousal maintenance. Here are two exceptions that may apply to you:

Family violence exception: If a court convicted your spouse of or granted deferred adjudication for a family violence offense against you or your children, you may qualify for maintenance.
Disability exception: If a disability limits your ability to generate adequate income or if you serve as the primary caregiver of a child with a physical or mental disability who requires substantial care, you may also qualify.

Once you establish eligibility, the next consideration is how long that support may last.

How long can you receive spousal maintenance?

The duration of support usually depends on which exception applies to your case. Under the family violence exception, the court generally caps maintenance at five years. Meanwhile, under the disability exception, the court may order support for an indefinite period, as long as the disability and the inability to earn income continue. Courts also review these cases periodically to ensure the arrangement stays appropriate. Thus, knowing how long support can last gives you a clearer picture of what to expect, so the next step is understanding how to pursue it.

Taking the next step

Claiming spousal maintenance during a divorce can feel overwhelming, but knowing your rights is a powerful place to start. Texas courts typically presume that you do not automatically qualify for maintenance, so you bear the burden of demonstrating your eligibility. This is why building a thorough case takes careful preparation and having knowledgeable guidance throughout the process can prove instrumental to your outcome. The more you understand about the process, the more confidently you can make decisions that protect your financial future during your divorce.

What mistakes should you avoid during a Texas custody battle?

2026-05-08T13:10:21Z

Navigating a custody battle in Texas can be a distressing experience. The decisions made during this process could affect your relationship with your child for years to come. Understanding common pitfalls might help you present yourself as a responsible and capable parent.

Speaking negatively about the other parent

One mistake to be wary of is badmouthing your child's other parent. Texas courts generally prioritize the best interests of the child. Judges often look unfavorably upon parents who attempt to alienate their children from the other parent. It may help to keep your criticisms private and avoid discussing custody disputes in front of your child. Courts typically want to see that you support a healthy relationship between your child and both of their parents.

Violating court orders or temporary agreements

Failing to follow temporary custody orders or parenting plans could harm your position in a custody dispute. If the court has established visitation schedules or specific guidelines, you may want to consider following them. Even if you believe the arrangement is unfair, violating these orders could demonstrate a lack of respect for the legal process. If you need to modify the custody order, you may work through proper legal channels rather than taking matters into your own hands.

Neglecting documentation and evidence

Many parents underestimate the importance of keeping detailed records. Try to document all interactions related to custody, including missed visitations, communication attempts and expenses related to your child's care. Save text messages, emails and other correspondence that might be relevant to your case. This evidence could prove invaluable when presenting your side to the court.

Failing to prioritize your child's needs

Courts often evaluate whether you can put your child's welfare above your own interests. Try to avoid making decisions based solely on anger or revenge against your ex-partner. Instead, focus on what truly benefits your child. This may include maintaining stability in their life, supporting their education and ensuring their emotional well-being remains your top priority.

Protecting your parental rights in Texas

In Texas, custody battles often require patience, emotional control and a genuine commitment to your child's future. Learning about the common pitfalls may help you avoid them, protecting your child and potentially deepening your relationship with them.

What business records can matter in a high-asset Texas divorce

2026-04-20T12:11:29Z

When a Texas divorce involves a business, the paperwork often matters just as much as the personal history. A closely held company, professional practice or partnership interest can become one of the most disputed parts of the marital estate. Texas courts divide community property in a manner they consider just and right, and property acquired during marriage is generally presumed to be community property. That makes accurate business records especially important in high-asset divorce cases.

Why business records matter so much

Business records can answer several important questions. They may show whether an ownership interest existed before the marriage, whether the business grew during the marriage, whether community funds supported that growth and whether one spouse received compensation that does not fully reflect the business’s true value. In other words, these records can help show both what exists and what it may be worth. A lawyer can use them to build a clearer picture of the marital estate and identify issues that might otherwise stay hidden.

Records that often become important

The exact records depend on the type of business, but some documents come up often in high-asset Texas divorces:

Tax returns for the business and the owner
Profit and loss statements
Balance sheets
General ledgers
Bank account records
Payroll records
Partnership, shareholder or operating agreements
Buy-sell agreements
Accounts receivable and accounts payable records
Valuation reports or prior appraisals
Loan documents
Records showing distributions, bonuses or retained earnings

These documents can help trace cash flow, identify compensation, measure business value and reveal whether one spouse may be understating income or overstating debt.

Separate property and community property disputes

In Texas, separate property generally stays with the spouse who owns it, while community property may be up for division in the divorce. That sounds simple, but business cases often get complicated quickly. One spouse may argue that a business started before marriage is separate property, while the other may argue that community labor, community funds or growth during the marriage changed the picture.

Those disputes often turn on documentation. Clean and complete records can help support a separate property claim or expose weaknesses in one.

Complete information can shape the outcome

In a high-asset divorce, incomplete business records can slow the process, increase conflict and make settlement harder. Clear records can help a spouse protect financial interests, challenge questionable valuations and prepare for trial when needed.

If your divorce involves a business or professional practice, speaking with an experienced family law attorney early in the process can help you understand what records may matter most.

Can you modify a Texas conservatorship order?

2026-03-18T09:34:17Z

Life changes fast. An old court order might not fit your family’s current needs anymore. Texas law allows parents to modify a conservatorship order when a significant shift occurs. You must show the court that a change serves the child's best interest. Preparing a strong case from the start ensures the judge understands your family's new reality.

Understanding Texas Conservatorship

Texas law uses the term “conservatorship” to describe legal rights and duties. It replaces the common word “custody” found in other states. Most parents serve as Joint Managing Conservators. This role requires parents to share the rights to make major decisions for their children. The state assumes that a child benefits from a stable relationship with both parents.

When can a judge allow a modification?

A judge only approves a modification if a material and substantial change occurs. You must prove the new arrangement improves the daily life or safety of the child.

A parent moves to a new city or state.
The child’s medical or educational needs increase.
One parent’s work schedule changes significantly.
The child reaches age 12 and chooses to speak with the judge.
A parent fails to provide a safe home environment.

The court follows the “best interest of the child” standard for every decision. If you cannot show a clear benefit, the judge will maintain the existing order.

Securing your parental rights

A successful modification requires clear evidence and a strategic plan. You need an advocate who prepares for trial from day one to protect your child’s future. Professional guidance helps you weigh the costs and benefits of every legal choice, and this tailored approach increases your chances of your family reaching a stable and positive outcome.

2 ways a divorce affects closely held businesses in Texas

2026-01-20T07:19:13Z

If you own a closely held business, a divorce can create challenges you might not know existed. As your company represents years of hard work, understanding how Texas law treats business assets during divorce can help you protect what you have built.

How Texas community property laws apply to your business

Texas follows community property law. In general, anything you and your spouse gain during the marriage belongs to both of you. During a divorce, these assets are subject to a "just and right" division by the court, which may not necessarily result in an even split. Property ownership depends on when it began If you started a business before the marriage, the law usually treats that business as your separate property under the Inception of Title rule. If, however, you used shared marital funds to support or grow the business, your spouse, or the shared estate, may be entitled to reimbursement. Still, the business itself normally stays with you as the founding spouse. Finally, state law presumes that all property you hold at the time of divorce belongs to the community. If you claim that an asset belongs only to you, you must prove it with clear and convincing evidence.

Why business valuation challenges can complicate proceedings

Figuring out the value of a privately owned business often causes disputes in divorce cases. Courts and experts may use different methods to determine a fair market value:

Income approach: Estimates the present value of the business's projected future earnings or cash flow, adjusted for risk
Market approach: Compares the business to similar companies that have recently sold
Asset-based approach: Adjusts the company's assets and liabilities to their current fair market value and then subtracts liabilities from assets

Professional appraisers or forensic accountants typically conduct these valuations. They review financial statements, tax returns, revenue projections and industry trends to determine a fair market value.

What division options might mean for your company

Once the valuation is complete, you and your spouse will need to address how to handle the business interest. You can choose from several approaches:

Buyout: One spouse keeps full ownership and pays the other for their share.
Structured payments: One spouse keeps the business and pays the other over time instead of in a lump sum.
Asset offset: One spouse keeps the business while the other receives marital assets of equal value.
Sale of the business: Both spouses sell the business and split the proceeds.

Each option carries different financial and tax implications. What works best often depends on your liquidity, the other spouse's involvement in the business and your long-term goals.

What the next step looks like

Courts may issue temporary orders during divorce proceedings to prevent either spouse from making major business decisions without approval. These orders help maintain stability while negotiations continue. Legal counsel may assist in gathering documentation to establish separate property claims. They can also coordinate with financial professionals who conduct business valuations and identify the potential tax consequences of different settlement options.

How Texas enforces prenuptial and postnuptial agreements

2025-12-19T08:01:04Z

Marriage brings joy and partnership, but it also creates complex financial ties between spouses. For this reason, many couples opt to have a prenuptial or a post-marital, also known as a postnuptial, agreement. Understanding how Texas enforces these documents can help you protect your assets and make informed decisions for your future.

What sets prenups and postnups apart

The main difference between these contacts lies in the timing. You sign a prenup before getting married and a postnup after. Both protect similar interests during a divorce, but follow slightly different legal paths. Texas considers both types of agreements as valid contracts under its Family Code, but applies distinct rules to each. Prenups cover a wide variety of topics, such as waiving spousal maintenance, while postnup contracts are primarily defined as Partition or Exchange Agreement and focus mainly on changing property ownership. Prenups typically address property division, spousal maintenance and debt responsibility, while postnups usually divide or exchange property but can also manage debt. State law prevents either contract from controlling child support or custody. State courts retain full power to decide these matters in the best interest of the child.

The basic requirements under Texas law

Courts enforce both agreements when they meet these standards:

Written and signed: Both spouses must document the contact in writing and sign it.
Voluntary execution: Both spouses must enter into the agreement willingly, without threats, coercion or undue pressure.
Financial disclosure (or waiver): Each spouse must provide the other with a fair and reasonable disclosure of their property and debts, unless a spouse voluntarily signs a written waiver giving up the right to receive this information.
The Unconscionability Standard: Texas courts will not reject an agreement simply because it is a bad deal or appears one-sided. A spouse who wants the court to set aside the proposed document must show that it is unconscionable, that the other spouse failed to provide proper financial disclosure and that the challenging spouse did not waive the right to that disclosure.

Texas does not require each party to have independent legal counsel for the contact to be valid. However, having separate counsels review the document before signing can significantly strengthen its enforceability and demonstrate that both spouses understood the terms.

How legal guidance supports your interests

Working with an attorney can help you create an agreement that meets all legal requirements and addresses your specific circumstances. They guide you through the disclosure process and help identify potential issues with proposed terms. If your prenup or postnup is challenged during divorce, your attorney can evaluate the strength of the challenge and develop a strategy to either defend the proposal or demonstrate why it is not enforceable. This is particularly important when significant assets, business interests or complex financial arrangements are at stake. When you and your partner create a new agreement, separate counsel can give each of you independent guidance about how the terms may affect your rights. It also creates a strong record that both spouses entered into negotiations with full understanding, which might be valuable if the agreement is ever challenged.

Protecting Retirement: Handling Pensions in a Texas Divorce

2025-11-20T09:37:50Z

Divorce always complicates finances, but separating community property built over years can be challenging, especially with retirement accounts. In Texas, courts presume all assets spouses acquire from the date of marriage until divorce are part of the marital estate, including pensions 401(k)s and profit-sharing plans. This means a court divides the marital portion of these valuable assets. You need a detailed strategy to protect your financial future when you separate these funds.

Dividing community retirement assets

Texas law considers only the portion of a retirement account accumulated during the marriage as community property. The court assigns a percentage of this community portion to the non-employee spouse. To actually divide the funds, an attorney must draft a special court order, usually a Qualified Domestic Relations Order (QDRO). This critical document instructs the plan administrator how to transfer the assigned share to the other spouse without incurring immediate tax penalties. Without a properly drafted QDRO, the employee spouse faces unnecessary financial risk and the other spouse cannot access their share.

Can a spouse refuse dividing their pension funds?

Under Texas law, a spouse generally cannot refuse to divide the portion of their pension or retirement benefits that qualifies as community property. Since Texas operates as a community property state, the law considers any funds accrued in a pension, 401(k), or other retirement account during the marriage as joint property, regardless of which spouse earned the money or whose name appears on the account.

Protecting separate property interests

Some parts of a retirement account are safe from division. If one spouse acquired a retirement account or pension before the marriage, that portion remains their separate property. Likewise, gifts and inheritances, which include retirement accounts, also stay separate property. If a spouse wants to protect their separate portion, they must produce clear and compelling evidence to trace those funds. This requires meticulous financial analysis, showing which contributions occurred before the marriage and which occurred after.

Securing your financial future

You worked hard for your retirement savings. Dealing with complicated rules of community property and securing a legally sound division may require a skilled attorney. Your financial security tomorrow depends on their guidance on how to properly divide or protect your assets.

How can co-parents share decision-making authority for children?

2025-10-17T09:10:56Z

Finding a way to share parenting time while living separately is usually a challenge. The need to share parental authority is also difficult but does not receive nearly as much attention as the division of parenting time. Parents need to see each other regularly to exchange custody, but they may need to remain in closer contact than simply acknowledging one another from a distance during custody exchanges. The responsibility to share legal authority and decision-making power for children requires that parents interact with one another regularly and understand their rights. What challenges do parents usually face when they share authority for their minor children?

The need to communicate

Both parents generally have the right to access information about their children's health and education. They need to inform one another when there have been any significant changes regarding the children. Doing so in writing, possibly through a parenting app, helps validate claims that parents have proactively fulfilled their responsibility to keep one another informed about major matters regarding their shared children. Parents generally need to understand relevant information to settle disagreements about where their children attend school, when they can participate in sports and what medical care is necessary for their well-being.

The authority to act

Both parents generally have control over what happens during their time with the children. For example, if a child comes down with the flu during your weekend with one parent, that parent chooses how to treat their flu and what medical facility they visit for care. Parents should relate any significant decisions that they make during their parenting time to one another. They generally should not attempt to micromanage one another's parenting decisions.

The need to agree, sometimes

When parents share legal authority, they must agree on major decisions. If one parent proposes moving the children to a different school, they have to discuss that matter, as the approval of both parents is likely necessary. The same is true for non-emergency medical interventions with long-term implications. Parents may have to discuss their plans and ensure that they both agree on what is best for their children. In scenarios where a major decision causes protracted conflicts and parents cannot reach an agreement, it may sometimes be necessary to request the intervention of a family law judge. Sharing parental authority can be as challenging as sharing parenting time. People who recognize the potential for conflict can establish more effective initial custody arrangements and navigate the complexities of co-parenting more effectively as a result.

Calling your co-parent a narcissist can lead to trouble

2025-09-18T09:29:32Z

It is not uncommon for emotions to run high when parents sever their romantic ties. Many parents find themselves frustrated with their former partner’s behavior and may even label them a “narcissist.” You may have even found yourself in this position when referring to your child’s other parent. While this term is frequently used in everyday conversations, calling your co-parent a narcissist can create more problems than it solves. Even if your co-parent displays all the traditional signs of narcissism, it is generally unwise to use this word when referring to them. Doing so – especially in written communication, online posting, to their face and to others who may repeat your words – may intensify conflict, harm your relationship with your children and even affect custody proceedings. This is one situation in which measuring your words carefully could be in your best interests and in your children’s.

The potential destructive power of this particular word

Accusing a co-parent of being a narcissist can escalate disputes instead of resolving them. Family courts, in particular, are less concerned with diagnosing personality traits than they are with determining what arrangement serves a child’s best interests. Judges tend to focus on evidence of behavior rather than labels, so calling the other parent a narcissist without documented proof of harmful conduct can undermine your credibility. If you have evidence of harm, working with a skilled legal team to allow the power of this evidence to speak for itself is generally a preferable strategy. Another risk is that using the term too casually can minimize concrete concerns. Narcissistic Personality Disorder is a clinical diagnosis that requires evaluation by a professional. If you believe your co-parent has tendencies that make cooperation difficult, it is far more effective to focus on specific behaviors rather than general labels. For example, documenting instances of missed visitations, refusal to communicate about important issues or inappropriate conduct with the children can provide you with a stronger foundation for addressing custody concerns in court. If your co-parent has been formally diagnosed with this disorder, allowing your legal team to present that information to a judge in a way that maximizes its impact is going to serve you and your children better than invoking this concern on your own, whether online or in the heat of an argument with your former partner. At the end of the day, by avoiding inflammatory labels and concentrating on concrete actions, you can more effectively protect your credibility, safeguard your child’s emotional well-being and demonstrate to the court that you are committed to focusing on your child’s best interests no matter what.