According to the firm’s draft fee information, Ben Carrasco charges $200 for a 30-minute consultation or $400 for an hour-long consultation. His hourly rate is listed as $500, with initial retainers generally ranging from $7,500 to $15,000.
The retainer is held in a trust account and applied toward legal fees as work is completed. Any unused balance is refunded, while cases proceeding to trial may require an additional retainer. Total costs depend on the complexity of the case, the level of conflict, and the amount of litigation involved.
Ben Carrasco personally handles cases at the Law Office of Ben Carrasco: Austin Family Law & Divorce Lawyer. As the firm’s founder and sole attorney, he is responsible for preparing filings, negotiating with opposing counsel, and representing clients in court.
Clients work directly with the attorney handling their case rather than having their matter transferred to an associate. The firm emphasizes direct communication and responsiveness throughout the legal process.
Ben Carrasco is Board Certified in Family Law by the Texas Board of Legal Specialization. This certification recognizes attorneys who meet additional requirements involving legal experience, professional references, continuing education, and a specialty examination.
Board certification allows an attorney to identify as a specialist in the certified practice area. Carrasco earned his law degree from Stanford Law School in 2007 and previously practiced complex commercial litigation before concentrating on family law.
Ben Carrasco represents family law clients in Travis, Williamson, and Hays counties, including Austin and surrounding Central Texas communities. His service area includes Round Rock, Georgetown, Cedar Park, Pflugerville, Lakeway, Bee Cave, Buda, Kyle, and San Marcos.
The firm’s office is located at 108 Wild Basin Rd S, Suite 250, Austin, TX 78746. Consultations are available in person or by phone.
Yes, a Texas court may order one spouse to pay some or all of the other spouse’s attorney’s fees in certain divorce or custody proceedings. However, reimbursement is not automatic.
In divorce cases, courts may consider attorney’s fees when dividing marital property. Whether fees are awarded depends on the circumstances, including the parties’ financial resources and applicable legal requirements. You should generally expect to arrange payment for your own representation unless the court orders otherwise.
To file for divorce in Texas, at least one spouse must have lived in the state for the preceding six months and in the county where the divorce is filed for the preceding 90 days.
Both spouses do not need to meet these requirements. If you recently moved to Austin or another Central Texas community, confirm that the residency requirements are satisfied before filing.
Most Texas divorces cannot be finalized until at least 60 days after the divorce petition is filed, although limited family violence exceptions apply. The actual process often takes longer.
An uncontested divorce may conclude relatively quickly once the waiting period ends. Contested divorces involving child custody, business valuations, or substantial property disputes may take several months or longer. Court availability in Travis, Williamson, and Hays counties can also affect scheduling.
No. Texas allows no-fault divorce based on insupportability, meaning conflict or disagreement has made the marriage unsustainable with no reasonable expectation of reconciliation.
Texas also recognizes fault-based grounds, including adultery, cruelty, abandonment, and certain felony convictions. Although proving fault is unnecessary to obtain a divorce, misconduct may affect property division in some cases.
No. Texas does not recognize legal separation as a formal marital status.
However, married couples who live apart can use certain legal agreements or court orders to address property, parenting arrangements, and financial responsibilities. These may include partition agreements or court orders concerning child custody and support.
Simply living separately does not end the marriage or automatically convert newly acquired community property into separate property.
Most Texas divorces resolve through negotiation or mediation without a trial. However, contested cases may proceed to court when spouses cannot agree on important issues.
Texas permits jury trials on certain disputed questions in family law cases, including some conservatorship issues and factual disputes concerning property characterization or valuation. Judges retain authority over matters such as child support, possession schedules, and the final division of marital property.
Whether a trial is necessary depends on the disputed issues and the parties’ ability to reach an agreement.
Texas is a community property state, but marital assets are not automatically divided equally. Courts must divide community property in a manner considered just and right.
Property acquired during marriage is generally presumed to belong to the community estate, regardless of whose name appears on the title. Judges may consider factors such as earning capacity, fault in the breakdown of the marriage, the parties’ financial circumstances, and their responsibilities for children.
An unequal division may be appropriate depending on the facts.
Separate property generally includes assets owned before marriage, property received through gifts or inheritance, and certain personal injury recoveries. Texas requires clear and convincing evidence to establish that an asset is separate property.
Keeping financial records and avoiding unnecessary mixing of separate and community funds can help protect ownership claims. When assets have been combined, tracing financial transactions may be necessary.
Prenuptial agreements, postnuptial agreements, and properly drafted partition agreements can also help establish property rights.
Businesses, stock options, and restricted stock units (RSUs) may be subject to division in a Texas divorce depending on when and how the assets were acquired.
A business established during marriage is generally presumed to be community property, while a business owned before marriage may remain separate property. However, reimbursement claims and other financial issues can complicate the analysis.
Stock options and RSUs may require an examination of grant dates, vesting schedules, and the purpose of the compensation. Business valuation experts and forensic accountants can help determine the value and classification of complex assets.
Some financial information can remain private, but Texas divorce proceedings generally create public court records.
Parties may exchange detailed financial documents through discovery without publicly filing every record. Certain settlement terms may also be addressed in separate agreements, and courts can restrict access to specific records when legal requirements are met.
Sensitive personal identifiers must be protected in court filings. Discussing privacy concerns early can help determine which protective measures may be available.
Conservatorship is the legal term in Texas that addresses parental rights and responsibilities, including decisions about a child’s education, medical care, and upbringing.
Texas generally presumes that appointing both parents as joint managing conservators serves the child’s best interests. However, joint conservatorship does not necessarily mean equal parenting time.
One parent may receive the right to designate the child’s primary residence, while the other follows an established possession schedule. Courts can order different arrangements when circumstances involving safety or the child’s welfare justify them.
Yes. Texas courts can approve equal parenting schedules when they serve the child’s best interests, but state law does not automatically require a 50/50 division of parenting time.
Parents may agree to arrangements such as alternating weeks or a 2-2-5-5 schedule. When parents disagree, courts consider factors including the child’s needs, school schedule, each parent’s involvement, and their ability to cooperate.
The Standard Possession Order or an expanded possession schedule may be used when an equal-time arrangement is not appropriate.
Texas law does not allow a child to make the final custody decision at any particular age. However, a child at least 12 years old may express a preference for their primary residence during an interview with the judge.
In qualifying nonjury proceedings, the judge must conduct the interview upon proper request. The child’s wishes are considered alongside other factors affecting their best interests.
A child’s preference does not automatically determine the custody outcome.
If your child faces immediate danger, call 911 or contact the appropriate emergency authorities.
Texas family courts can issue emergency orders when credible evidence establishes an urgent threat to a child’s safety. Depending on the circumstances, a parent may request temporary restrictions on possession or other protective relief.
Evidence of abuse, neglect, family violence, or dangerous behavior may support emergency intervention. Document the specific incidents and seek legal guidance promptly.
Grandparents have limited visitation rights under Texas law. They do not automatically receive court-ordered access simply because they have a relationship with their grandchildren.
Under Texas Family Code § 153.433, a grandparent seeking visitation must satisfy specific statutory conditions and overcome the presumption that a fit parent acts in the child’s best interests. This generally requires proving that denying access would significantly impair the child’s physical health or emotional well-being.
Additional requirements concern the status of the grandparent’s own child, who is a parent of the grandchild. In some circumstances, grandparents may also seek conservatorship rather than visitation.
Texas generally calculates child support using a percentage of the paying parent’s monthly net resources.
Standard guideline percentages are:
These percentages may be adjusted when the paying parent has other children they are legally obligated to support.
As of September 2026, the standard guidelines generally apply to the first $11,700 of monthly net resources. Courts may order a different amount when the law and circumstances justify a deviation.
Yes. A Texas court may order child support above the standard guideline amount when the child’s proven needs justify additional support.
For parents whose monthly net resources exceed the applicable guideline cap, courts generally apply the standard percentages to the capped amount. Additional support may be ordered based on the child’s needs and the parties’ financial circumstances.
High-income cases can involve complex questions about bonuses, stock compensation, business income, and other financial resources.
Yes, equal parenting time does not automatically eliminate child support in Texas.
Courts consider each parent’s income, the child’s needs, and the overall parenting arrangement when determining support obligations. In some equal-time arrangements, parents may agree to an offset calculation based on their respective guideline obligations, subject to court approval.
Health insurance and other child-related expenses may also be allocated between the parents.
Texas child support generally continues until a child turns 18 or graduates from high school, whichever occurs later, subject to statutory conditions.
Support may end earlier if the child marries, becomes legally emancipated, or dies. Courts may also order continuing support for an adult child with a qualifying disability.
Unpaid child support does not disappear when the regular support obligation ends. Past-due amounts may remain enforceable.
Spousal maintenance is not automatic in a Texas divorce. A requesting spouse generally must show that they will lack sufficient property to meet their minimum reasonable needs and satisfy additional statutory requirements.
Eligibility may arise when the marriage lasted at least 10 years, and the spouse lacks sufficient earning ability, or when a qualifying disability limits employment. Other circumstances include caring for a child with a qualifying disability or certain family violence situations.
Courts evaluate financial resources, employment history, and other relevant circumstances. Spouses may also negotiate contractual alimony separately from court-ordered maintenance.
Texas generally limits court-ordered spousal maintenance to the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income.
The duration depends on the circumstances and length of the marriage:
Special rules may allow maintenance to continue when a qualifying disability prevents the recipient from meeting minimum reasonable needs.
Maintenance may also terminate upon remarriage, death, or certain circumstances involving cohabitation.
Texas courts may modify custody or possession orders when a material and substantial change in circumstances supports modification, and the requested change serves the child’s best interests. Other statutory grounds may also apply.
Child support may be modified following a material and substantial change in circumstances. Modification may also be available when three years have passed since the order was issued or last modified and the guideline amount differs by at least 20% or $100 per month, subject to applicable exceptions.
Parents should obtain a new court order rather than relying solely on an informal agreement. Existing orders generally remain enforceable until legally modified.
If your former spouse or co-parent violates a custody, visitation, or support order, you may be able to file an enforcement action in the appropriate Texas court.
Available remedies depend on the violation and may include:
Keep detailed records of missed exchanges, denied visitation, or unpaid support. Texas treats custody and support obligations separately, so one parent’s violation generally does not excuse the other parent from following the order.
Yes. You can generally change family law attorneys while your case is pending.
Your new attorney can take steps to replace prior counsel and obtain the documents needed to continue representing you. However, switching lawyers shortly before a hearing or trial can create scheduling challenges and additional expenses.
Review upcoming deadlines, outstanding fees, and the status of your case before making the transition.
Texas courts generally enforce valid prenuptial agreements. However, an agreement may be challenged under limited circumstances, including when it was not signed voluntarily.
An agreement may also be unenforceable if it was unconscionable when signed and the challenging spouse satisfies the additional statutory requirements concerning financial disclosure and knowledge.
To reduce the risk of disputes, both parties should provide accurate financial information, allow sufficient time for review, and consider obtaining independent legal advice before signing.
Texas recognizes informal marriage, commonly called common-law marriage, when specific legal requirements are met.
Generally, both partners must have agreed to be married, lived together in Texas as spouses after that agreement, and represented to others in Texas that they were married. Simply living together for a certain number of years does not establish an informal marriage.
A valid informal marriage carries the same legal significance as a ceremonial marriage. Ending the relationship may require a divorce, including resolution of property and other marital issues.
To discuss your family law matter, schedule a consultation with Ben Carrasco at 512-320-9126.
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.
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