Experienced Austin Divorce Lawyer
Divorce is a pivotal life event with profound emotional and financial implications. In Austin, where high-net-worth individuals, business owners, and professionals often face intricate marital dissolutions, the guidance of a seasoned Austin divorce attorney is indispensable.
Ben Carrasco, a board-certified Austin divorce lawyer and Stanford Law graduate, brings unparalleled expertise and tenacity to every case. His strategic legal insight and courtroom advocacy have consistently safeguarded clients’ assets, parental rights, and peace of mind during some of life’s most challenging transitions.
Let Ben Be Your Advocate
Contact The Law Office Of Ben Carrasco, PLLC
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.
Divorce Law in Texas
Texas Is A “No-Fault” Divorce State
Texas permits “no-fault” divorces, allowing spouses to dissolve their marriage without assigning blame. Under Texas Family Code § 6.001, the term “insupportability” denotes that the marriage has become insupportable due to discord or conflict of personalities that destroy the legitimate ends of the marital relationship and prevent any reasonable expectation of reconciliation. An Austin divorce attorney can guide you through the legal standards and help determine whether no-fault or fault-based grounds are better for your case.
Community Property and “Just and Right” Division
Texas operates under a community property system, meaning all assets and debts acquired during the marriage are considered jointly owned. However, division upon divorce isn’t necessarily equal. Per Texas Family Code § 7.001, the court must divide community property in a manner that is “just and right,” considering factors such as each spouse’s earning capacity, fault in the breakup, and future needs. An experienced Austin divorce lawyer will work to ensure your financial interests are thoroughly protected.
The Texas Divorce Timeline & Key Steps
The minimum waiting period for a divorce in Texas is 60 days from the date the petition is filed. However, the actual duration varies based on factors like asset complexity, child custody disputes, and court availability. Your Austin divorce attorney will help you manage expectations and timelines.
The process typically involves:
- Filing the Original Petition for Divorce
- Serving the Respondent
- Temporary Orders Hearing (if necessary)
- Discovery Phase
- Mediation
- Final Trial or Settlement
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Types of Divorce Cases in Austin
Uncontested Divorce
An uncontested divorce occurs when both parties agree on all terms, including property division, child custody, and support. This route is typically faster and less costly, but it’s crucial to ensure that agreements are fair and legally sound with an Austin divorce lawyer.
Contested Divorce
In a contested divorce, spouses disagree on one or more issues, necessitating court intervention. These cases often involve complex asset division, custody battles, or disputes over spousal support. Having an Austin divorce attorney with litigation experience is vital in these scenarios.
Mediated Divorce
Mediation involves a neutral third party assisting spouses in reaching a mutually acceptable agreement. While not mandatory in all cases, Texas courts often require mediation before proceeding to trial. A skilled Austin divorce lawyer ensure your interests are represented during negotiations.
Collaborative Divorce
This process entails both parties and their attorneys committing to resolving disputes without court involvement. It promotes open communication and often results in more amicable settlements with each side retaining an Austin divorce attorney.
Key Legal Issues in Texas Divorce Cases
Child Custody and Visitation
Texas courts prioritize the child’s best interests when determining custody arrangements. Factors considered include:
- The child’s emotional and physical needs
- Each parent’s ability to care for the child
- The child’s preferences
- Stability of each parent’s home environment
- Any history of abuse or neglect
Joint managing conservatorship is common, but sole custody may be awarded if it’s in the child’s best interest. Your Austin divorce attorney will develop a child custody strategy tailored to your family’s needs.
Child Support
Child support in Texas is calculated based on the non-custodial parent’s net resources and the number of children:
- 1 child: 20%
- 2 children: 25%
- 3 children: 30%
- 4 children: 35%
- 5+ children: 40%
These percentages apply to net monthly income up to a certain cap, adjusted periodically. Courts may deviate from guidelines based on the child’s needs and parents’ circumstances. An Austin divorce lawyer can ensure child support is fair and compliant with state laws.
Source: Texas Child Support Guidelines
Spousal Support (Alimony)
Spousal maintenance (alimony) is not guaranteed and is only awarded under specific circumstances in Texas. Eligibility requires that the requesting spouse:
- Lacks sufficient property to meet minimum reasonable needs
- Is unable to earn sufficient income due to disability
- Has been married for 10 years or more and lacks earning ability
- Is the custodian of a child requiring substantial care
Even if you or your ex-spouse meets one or more of the above criteria, the law presumes support is unwarranted unless the spouse can prove they have made significant efforts to become self-sufficient. For example, by securing employment or specialized training.
In Texas, monthly alimony is capped at $5,000 or 20% of the paying spouse’s average monthly gross income (whichever is less). The duration of support depends on the length of your marriage before divorce:
You must provide support for:
- 5 years if your marriage lasted 10–20 years
- 7 years if your marriage lasted 20–30 years
- 10 years if your marriage lasted 30+ years
- You must provide indefinite support if your former spouse has a disability and must provide disabled child care.
Ben Carrasco is an expert at navigating the intricacies of spousal support under Texas law. Contact us to set up a consultation with the top divorce attorney in Austin.
Division of Property and Assets
Distinguishing between community and separate property is crucial and often requires the counsel of a seasoned divorce attorney.
Community property includes assets acquired during the marriage, while separate property encompasses assets owned before marriage or received as gifts or inheritances.
Accurate valuation and proper classification of assets are critical in any Texas divorce. Misclassifying community vs. separate property or undervaluing key assets like businesses, real estate, or retirement accounts can dramatically skew the division.
Ben Carrasco ensures every asset is thoroughly analyzed to protect you and your financial interests.
Specialized Divorce Cases
As an Austin divorce attorney board-certified to practice family law, Ben Carrasco is not just any lawyer. His specialized approach allows him to take on complex divorce cases, including:
High Net Worth Divorce
Divorces involving substantial assets require meticulous attention to detail and advanced financial strategy. Common complexities include:
- Valuation of businesses and investments – Accurate appraisals are essential to ensure equitable division.
- Division of stock options and retirement accounts – These often require tailored legal language in the divorce decree.
- Tax implications of asset division – Mistakes here can lead to costly post-divorce consequences.
- Identification of hidden assets – Asset tracing is critical when one spouse may be concealing value.
Engaging financial experts and forensic accountants is often essential to protect your long-term financial interests. Ben Carrasco draws on a trusted network of top-tier professionals—valuators, forensic CPAs, custody evaluators, and vocational experts—whose testimony can be pivotal in proving your claims and strengthening your case.
Business Owner Divorce
When one or both spouses own a business, determining its value and how to divide it becomes a central issue. Common resolution strategies include:
- Buyout – One spouse purchases the other’s interest based on a fair valuation.
- Sale and division – The business is sold, and the proceeds are split.
- Continued joint ownership – Rare, but possible in amicable cases with proper safeguards.
Each option carries risks and requires sophisticated legal and financial coordination, which can only be secured with an expert attorney on your side.
Divorce for Professionals
Divorces involving licensed professionals—such as doctors, attorneys, or executives—often implicate complex compensation and asset structures:
- Valuation of a practice must separate personal goodwill (non-divisible) from enterprise goodwill (divisible).
- Deferred compensation, RSUs, and bonuses must be analyzed for vesting status and marital character.
- Reputation protection is crucial, particularly when sensitive allegations or financial disclosures are involved.
These cases demand tailored legal solutions that preserve professional standing while maximizing equitable division.
LGBTQ+ Divorce
While Texas now recognizes same-sex marriages, legal gray areas persist, especially for couples who cohabited before their marriage was legal. Common issues include:
- Parental rights when only one parent is biological or adoptive
- Property division for assets acquired pre-Obergefell, when the marriage wasn’t yet recognized
- Spousal maintenance where income disparity exists, but roles in the relationship were nontraditional
As an Austin divorce attorney, Ben Carrasco applies a nuanced understanding of both Texas law and LGBTQ+ family dynamics to achieve fair, enforceable outcomes.
Annulments
An annulment treats the marriage as if it never legally occurred—but Texas law only permits annulments in limited, fact-specific situations, including:
- Underage marriage without legal consent
- Fraud, duress, or mental incapacity at the time of marriage
- Impotency or concealment of a recent divorce
Annulments are rarely granted without clear, admissible evidence, and they often require more litigation than a traditional divorce. Ben Carrasco can assess whether an annulment is strategically or legally viable in your case.
Dealing With a Complex Divorce? Don’t Go It Alone.
Modifications and Enforcements Post-Divorce
Post-divorce, Texas law allows for modification of certain court orders when there’s a material and substantial change in circumstances.
Common modifications include:
- Child support adjustments due to changes in income, employment, or health
- Custody and visitation modifications based on the child’s evolving needs or parental relocations
- Spousal maintenance reductions, though Texas law prohibits increasing support after divorce
Courts require a strong evidentiary showing before altering existing orders.
If one party refuses to comply with the terms of a divorce decree—whether failing to pay support, denying visitation, or withholding property—enforcement becomes necessary.
Legal tools include:
- Contempt of court proceedings, which may result in fines or jail time
- Wage garnishment and property liens to recover unpaid obligations
- Attorney’s fees awarded to the compliant party
Ben Carrasco, a Stanford-educated, board-certified Austin family lawyer, has deep experience handling post-divorce enforcement and modification actions. He ensures the court holds the noncompliant party accountable—and protects your legal rights.
Common Pitfalls and How to Avoid Them
Divorce is never simple. Missteps early on can have lasting financial and legal consequences. You must avoid making the following mistakes as you navigate your divorce:
Letting Emotions Dictate Decisions
Emotional decisions can lead to unfavorable outcomes. Maintain objectivity and focus on long-term implications.
Not Consulting Early with an Attorney
Early legal advice can prevent costly mistakes and ensure rights are protected from the outset.
Hiding Assets or Violating Court Orders
Such actions can result in severe penalties and loss of credibility in court.
Accepting Unfair Agreements Under Pressure
Ensure all agreements are reviewed by an attorney to confirm fairness and legality.
Understanding common pitfalls and how to avoid them is essential to protecting your rights and positioning yourself for a favorable outcome.
Why You Need an Austin Divorce Lawyer
Any divorce can quickly evolve into a complex legal battleground. Having the right Austin divorce attorney on your side is essential.
Whether your case involves disputed child custody, multi-million-dollar asset portfolios, or a strategic interest in avoiding litigation altogether, a skilled divorce attorney serves as your protector, negotiator, and advocate from start to finish.
Here’s why retaining an experienced Austin divorce lawyer like Ben Carrasco is one of the most important decisions you’ll make:
1. Navigate Texas Family Law with Authority
Texas divorce law is dense, procedurally demanding, and unforgiving to those who misstep. From property division governed by Texas Family Code § 7.001, to child custody disputes under Chapter 153, the law is filled with nuances that are often misunderstood or overlooked by self-represented parties.
A seasoned divorce lawyer ensures that:
- All pleadings, discovery, and motions are properly filed and timed
- Your rights under community property law are enforced
- Procedural errors that could derail your case are avoided
- You don’t unknowingly waive claims or obligations
Ben Carrasco’s deep command of Texas family law ensures that no detail is missed and no advantage is surrendered.
2. Strategic Protection of Financial Assets
If you are a business owner, investor, executive, or someone with significant separate property holdings, the financial stakes of divorce are immense. Without a targeted legal strategy, you risk:
- Inaccurate asset valuations
- Improper classification of separate property as community property
- Overpayment in spousal or child support
- Exposure to post-divorce litigation or audits
Ben Carrasco works closely with forensic accountants, CPAs, and valuation experts to protect what you’ve built and ensure a division that is just and right, not merely expedient.
3. Maximize Your Parental Rights
When children are involved, the stakes shift from financial to fundamental. Texas courts apply the “best interest of the child” standard (see Holley v. Adams, 544 S.W.2d 367), but this flexible standard can be misapplied without vigorous legal advocacy.
An experienced attorney can:
- Develop compelling evidence in support of your role as a primary caregiver
- Challenge inaccurate or biased custody evaluations
- Advocate for custom possession schedules beyond the “Standard Possession Order.”
- Secure restrictions to prevent relocation or endangerment
Ben Carrasco crafts custody strategies that balance psychological insight, evidentiary strength, and long-term practicality—especially in contentious or high-conflict cases.
4. Prepare for Trial, Even If You Settle
The reality is that most divorce cases settle outside the courtroom, but the best settlements occur when the other side knows you’re ready for trial. The Law Office of Ben Carrasco is not a settlement mill. Ben is a trial-tested litigator who prepares every case as if it’s going to court.
This posture strengthens your negotiating position and ensures you don’t end up with a rushed, one-sided agreement under pressure.
5. Manage Emotional Turmoil with Professionalism
Divorce is inherently stressful. Clients often deal with betrayal, parental alienation, financial loss, or relocation—all while managing careers and children. Having a steady legal advocate allows you to focus on your personal life while your legal strategy is handled with precision.
Ben’s reputation is built on clear communication, responsiveness, and his ability to cut through emotional chaos to deliver sound legal advice.
6. Tailored Counsel for Complex Life Situations
Every divorce is unique, especially when clients bring complexity to the table:
- Do you have equity in a startup or pre-IPO business?
- Are you in a same-sex marriage with parenting or adoption issues?
- Do you have significant assets in trusts or international accounts?
- Are you a physician, attorney, or executive with deferred compensation?
These scenarios demand not just any lawyer, but one who has handled them before, successfully, and with discretion. Ben Carrasco offers precisely that.
Don’t Risk Your Future—Retain the Right Advocate
When the outcome of your divorce could affect your business, retirement, parenting rights, and financial independence, choosing the right divorce attorney is the most consequential decision you’ll make.
Ben Carrasco’s credentials—Stanford Law, board certification in family law, and a proven track record in complex litigation—place him among the elite family lawyers in Texas.
This is not the time to cut corners. This is the time to make a serious, informed choice about your legal representation.
Frequently Asked Questions About Divorce in Texas
Can a spouse refuse to get divorced in Texas?
No, a spouse cannot prevent a divorce from happening in Texas. Texas is a no-fault divorce state under Texas Family Code § 6.001, which means that if one spouse asserts that the marriage is “insupportable,” the court will grant the divorce, even if the other spouse objects or fails to respond.
If a spouse ignores the divorce petition or refuses to cooperate, the petitioner can proceed with what’s known as a default divorce. In this scenario, the court may finalize the divorce based solely on the petitioner’s evidence and requests, which often puts the non-participating spouse at a serious disadvantage.
In cases where the responding spouse contests issues like property division, spousal support, or custody, the case proceeds as a contested divorce and will ultimately be decided by a judge. Regardless of how resistant a spouse is, once divorce proceedings are initiated, the process moves forward with or without their involvement.
How long does a divorce take in Austin, Texas?
At minimum, Texas requires a 60-day waiting period from the date the divorce petition is filed, per Texas Family Code § 6.702. However, very few cases resolve this quickly unless they are truly uncontested and no children or significant assets are involved.
For most contested divorces, the timeline extends well beyond 60 days and often ranges from 6 months to over a year, depending on:
- The complexity of financial issues (e.g., business ownership, real estate, hidden assets)
- Disputes over child custody or visitation
- Court docket availability in Travis County and surrounding areas
- Whether mediation is successful or litigation is required
In high-net-worth or high-conflict cases, it’s not unusual for divorce litigation to take 18 to 24 months, particularly when discovery is extensive or expert testimony (e.g., forensic accountants, custody evaluators) is required.
Is Texas a 50/50 property division state?
No, Texas is not a 50/50 state in divorce. Texas follows the doctrine of “just and right” division under Texas Family Code § 7.001, which allows the court to divide community property in a manner it deems equitable, not necessarily equal.
A 50/50 split may be appropriate in some cases, but courts consider a range of factors to determine fairness, including:
- Each spouse’s earning potential and education
- Fault in the breakup of the marriage (e.g., adultery, cruelty)
- Disparities in separate property holdings
- Custodial arrangements for children
- Health conditions or special needs of either spouse
In high-asset divorces, strategic advocacy is crucial to ensure that complex financial holdings, such as business interests, investment accounts, and retirement plans, are accurately valued and fairly divided.
For more details, visit our Austin property division lawyer page.
What should I bring to my initial divorce consultation?
To get the most value out of your first consultation with Ben Carrasco, bring documents that will allow for an informed legal and strategic discussion. These include:
- Marriage certificate
- Driver’s license or government-issued ID
- Recent pay stubs and income tax returns
- A preliminary list of assets and debts
- Any prenuptial or postnuptial agreements
- Court documents, if any legal action has already been initiated
If child custody is a concern, bring any relevant parenting schedules, communication logs, or documents showing each parent’s role in the child’s life. The more information you can provide up front, the more productive your strategy session will be.
Schedule Your Confidential Divorce Consultation Today
Whether you’re facing a high-conflict custody battle, protecting business assets in a high-net-worth divorce, or seeking a dignified resolution to a long-term marriage, Ben Carrasco offers the caliber of legal representation that serious clients demand.
As a Stanford-educated, board-certified family law attorney, Ben has successfully represented executives, business owners, professionals, and parents across Austin and Central Texas. He brings not just legal knowledge, but strategic foresight and trial-tested advocacy to every case.
Your divorce outcome will shape your financial future, your family life, and your peace of mind. Don’t navigate it alone.
Schedule Your Consultation Today
Secure your future with confidence. Contact the Law Office of Ben Carrasco to schedule your confidential divorce consultation with the divorce attorney Austin trusts most.