Family law pertains to legal matters that involve family relationships, such as divorce, child custody, property division, and other related disputes. It covers a wide range of issues that impact the personal lives of individuals and their families, especially when it comes to determining rights and responsibilities.
Family law matters can significantly affect your life, finances, and future relationships. Whether you are going through a divorce or fighting for custody of your children, understanding family law is essential to protecting your rights and achieving a fair resolution of issues. The emotional and financial stakes are high, making it crucial to have reliable legal support.
At the Law Office of Ben Carrasco, PLLC, we focus on helping clients navigate complex family law issues. We provide tailored legal representation for cases such as high-net-worth divorces, contested child custody, and obtaining protective orders. We guide you through each stage of the legal process, ensuring you are informed while we work to protect your rights and achieve a positive outcome.
Navigating a divorce can be overwhelming, which is why we’re here to provide smart and aggressive representation throughout the entire process. Divorce in Texas includes both no-fault and fault-based options, offering flexibility based on your situation. Residency requirements mandate that, before filing, one party must have lived in Texas for at least six months and at least 90 days in the county where the divorce is to be filed.
We live by our commitment to zealous advocacy and are passionate about your case. Whether you need assistance with a high-conflict divorce or a custody modification, our smart and responsive approach is designed to yield a positive outcome for you.
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Divorces often involve complex issues like property division and spousal support. Our focus is on
equitable distribution of marital property for fair asset division. Challenges can arise, especially when dealing with real estate, investments, and other significant assets.
One of the most common divorce issues is spousal support. Determining spousal support involves
considering various factors, such as the length of the marriage and each party’s earning capacity and financial needs. The Law Office of Ben Carrasco, PLLC is committed to ensuring that support
arrangements are fair and equitable.
Whether facing a complex divorce or a high-net-worth divorce, our legal strategies are tailored to your unique case. Our experienced Austin divorce attorney is ready to defend your rights and interests
passionately from start to finish, including trial advocacy if necessary. We’re your dedicated partner in resolving family law challenges effectively.
Dedicated to helping Austin families navigate divorce, custody, and support disputes with expertise and care.
Child custody is the legal process of determining which parent, guardian, or third party will have the right to make decisions regarding a child’s welfare.
When life circumstances change, your custody or support order may need to change too. Many factors can justify a modification suit, including a change in income, an older child who wants to live with the other parent, or a job
transfer that requires relocation.
Ben Carrasco is a Board Certified Family Law specialist with extensive experience handling complex divorces for high-net-worth individuals and families.
Prenuptial and postnuptial agreements outline asset
division and financial rights, protecting both spouses. These legal contracts ensure clarity, security, and airness in marriage or potential separation.
In Texas divorces, community property laws dictate that assets and debts acquired during marriage are divided in a manner the court deems fair and just.
Alimony can be a lifeline or a crushing burden; whether you’re seeking financial security or facing unfair demands you need a lawyer who understands the nuances of Texas alimony laws.
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Family law orders are essential for maintaining order in family dynamics. These orders include child custody, spousal support, and more. At times, life changes necessitate modifications to these orders. We can help you navigate this process smoothly.
A change in life circumstance, like a new job or relocation, or a change in a child’s circumstances, like age or a preference to live with the other parent, can prompt a change in child custody or spousal support orders. Through mediation, we strive to reach a mutual agreement, reflecting new realities. If negotiation fails, a court decision may be necessary. This helps preserve relationships and often leads to more favorable outcomes.
Ensuring compliance with existing court directives is crucial. For example, if your ex-spouse is violating a custody agreement or not making support payments, swift action is needed. We are dedicated to helping you assert your rights and follow through with necessary enforcement measures. Ignoring court orders can result in serious legal consequences. We work zealously so that these orders are not just words on paper but are followed as intended.
When you disagree with a family court’s ruling, filing an appeal can be your next remedy. An experienced Austin family lawyer can assess your situation and guide you through the complex appellate process, striving for a more equitable resolution in your case. Overall, the aim of our family law attorney is to provide robust support so that your family law orders are fair, current, and enforced.
When it comes to child custody, agreements can take many forms. Joint custody allows both parents to make significant decisions for their child, while sole custody grants these rights to one parent alone. Whether you’re negotiating a custody case or in the midst of a custody dispute, we are here to assist you every step of the way
Custody matters are not just about reaching an agreement. Courts consider the child’s best
interest, focusing on stability, safety, and each parent’s ability to meet the child’s needs. Your attorney shall advocate for you, ensuring your rights and interests are safeguarded while striving for a favorable or fair outcome.We understand the complexity of child support issues. Texas calculates support based on the paying parent’s income and considers factors like the number of children and each parent’s
financial situation. Navigating these intricacies requires legal knowledge and skills – we offer strategic advice for fair calculations and compliance with court orders.Our approach is smart and tenacious. We honor your trust in us by being both passionate and responsive. If you’re facing custody disputes or seeking modifications, consult an Austin child custody lawyer who will fight vigorously on your behalf. Your peace of mind is our priority, and we are committed to working hard so we can deliver results that uphold your interests and those of your loved ones.
In Texas, spousal maintenance, or what most laypeople think of as alimony, is available in certain circumstances. While intended to provide financial support to a spouse post-divorce, it’s a misconception that such support is automatically granted. The requesting spouse must first demonstrate that they will lack sufficient property, upon divorce, to provide for their minimum needs and have been married for at least ten years. In other words, if a spouse’s share of the community estate represents a substantial sum—say, for example, the spouse will be a millionaire after receiving his/her share of the equity in the house, retirement accounts, etc.–then the likelihood the spouse will also receive spousal support is significantly diminished.
Ben Carrasco understands the criteria for spousal maintenance, including its duration and amount. Factors like the length of the marriage, the size of the community estate, employability, age, and health of the spouses, and any past incidents of domestic violence come into play. Texas has specific limitations on spousal maintenance with respect to the amount and duration of support. The duration of support depends on the length of the marriage and the maximum amount of support a court can award is 20 percent of the paying spouse’s gross monthly income or $5000, whichever figure is lower.
Texas is a community property state with unique rules governing asset division in a divorce. In a community property framework, all assets and debts amassed during the marriage–regardless of which spouse acquired or earned the asset–are presumed to be jointly owned and subject to division by a court. By contrast, separate property generally consists of property a spouse obtained prior to the marriage or during the marriage via gift and/or inheritance. If a spouse proves by clear and convincing evidence that a particular asset is separate, then a court cannot award any part of the separate asset to the other spouse. With regard to community property, courts do not always divide this property equally. Instead, courts strive for a “just and right” division based on weighing a variety of factors including fault in the breakup of the marriage (infidelity to cite one example), disparity in income between the spouses, need for future support, need to care for children, duration of the marriage, size of the estate, and other factors.
After considering these factors, a court may end up awarding one spouse a disproportionate share of the community estate.
The basic tenets of community property sometimes blur when delineating between separate and communal assets. Real estate, retirement funds, investment portfolios, and business ventures can sometimes be of mixed character–both separate and
community–which requires more specialized scrutiny for accurate classification. For example, a retirement account may include funds contributed before marriage (which would be considered separate property) and funds contributed during the marriage (which would be considered community). Owning a business also poses unique challenges in a divorce. Valuing businesses or tracing separate property sometimes require engaging forensic accountants to obtain accurate asset valuations. Ben Carrasco has extensive experience handling complex divorces that involve substantial estates, separate property tracing, and business valuation.
Are you dealing with divorce or child custody issues in Austin, Texas? The Law Office of Ben Carrasco, PLLC is here to offer reliable representation and tailored legal strategies to help you through these challenging times.
We understand the complexities you face, and we are committed to defending your rights and interests throughout the process. We encourage you to reach out for a consultation to discuss your unique situation. The sooner we begin, the earlier we can develop a legal strategy that aims to achieve the results you deserve.
At Law Office of Ben Carrasco, PLLC, we recommend that our Austin clients ask themselves the following questions as they start the divorce process:
It depends on a variety of factors including the level of conflict, where your case is filed, and who the opposing lawyer is. Some divorces are settled at mediation within weeks of filing. High conflict cases involving financial experts, court appointed professionals like guardian ad litems, and psychological evaluations can literally span years. Difficult opposing counsel who drag their feet drafting and approving orders or who stonewall when hearings need to be scheduled prolong the process. It is also more difficult to get to court in certain counties. For example, getting hearing dates and having lengthier hearings is more difficult in Hays or Williamson than Travis County.
Consultation fees are $200 for a half hour and $400 for an hour. My hourly rate is $500 and my retainer is between $7500 and $15k. $7500 represents 15 hours of my time paid up front. If your case is resolved in fewer than 15 hours, then you are refunded the balance on your retainer. I also charge a pretrial retainer if your case goes to trial. The size of that retainer depends on the length and complexity of the trial. I review my rates annually so if you schedule a consult and I quote you a higher rate, please don’t shoot me. I just haven’t updated my website!
In most cases, yes. Prenups are contracts and part of why the United States is such a successful nation is because we have freedom to contract and our court system strives to enforce contracts. In Texas, there are very narrow and limited grounds for “throwing out” a prenup. And, yes, even if your prenup was executed in another state and you subsequently moved to Texas, a Texas court will strive to enforce the terms of the agreement. All this being said, it is advisable that both spouses retain counsel before signing a prenup. In Texas, lawyers have access to templates that contain all the boilerplate language necessary for a prenup to be enforceable. Don’t use some online form. Hire an attorney. Trust me, it will be the best investment you ever make (short of not getting married at all).
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We will litigate a family law dispute in any of Texas’s 254 counties. But we practice predominantly in the following areas:
Trying cases in Austin and Travis County is our bread and butter. We know the courthouse and we know the judges in Travis County. From Tarrytown to Lakeway, Cedar Park, Pflugerville, and Circle C, we represent families throughout the Austin area.
We routinely litigate family law cases in Williamson County (“Wilco”). The culture, rules, and judges in Wilco are very different than Travis. We know these nuances and are well-equipped to provide the seasoned representation you need.
With our office located off 360 in West Lake, we are easily accessible to families needing family law support in the West Lake area. Our firm routinely represents West Lake families going through divorce and child custody disputes and is well equipped to handle the unique needs faced by high net worth couples.
Hays County is one of Texas’s fastest growing counties. As a result, we are trying divorce and custody disputes in Hays County with increasing frequency. There are unique challenges and rules associated with litigating in Hays. We know them and are ready to help.
We live by our commitment to zealous advocacy and are passionate about your case. Whether you need assistance with a high-conflict divorce or a custody modification, our smart and responsive approach is designed to yield a positive outcome for you. Don’t hesitate to reach out.
or give us a call at