Having The Right Attorney Makes It Easier.
Do you need help filing for divorce in Austin, TX? Call The Law Office of Ben Carrasco: Austin Family Law & Divorce Lawyer, at (512) 320-9126 to arrange a consultation. Hiring our experienced Austin divorce lawyer can simplify the process, put a trustworthy legal advocate in your corner, and help you fight for the best outcome for you and your family.
Attorney Ben Carrasco is a Board Certified family law attorney with over 18 years of experience handling high-stakes, complex divorce and custody disputes. Reach out today to learn how we can help you navigate this difficult time.
The divorce process in Austin, Texas, can be overwhelming, and unless you and your spouse agree on every detail, it’s important to prepare yourself for a battle. Spouses, parents, and families trust The Law Office of Ben Carrasco: Austin Family Law & Divorce Lawyer, because we offer aggressive, client-focused, results-driven representation that changes lives.
Here is what sets us apart:
We understand Texas’s unique legal system and the challenges you’re likely to face in a divorce. We also know how to identify your needs and build a case that protects your interests. Time is of the essence, so don’t hesitate to contact our Austin divorce attorney today.
Divorces don’t happen overnight. A divorce is a complex legal process in which the lawful marriage of two people is dissolved. Difficult decisions about the distribution of assets, the arrangement of financial support, and the children’s best interests must be made.
The process begins when one spouse, known as the petitioner, files an Original Petition for Divorce with their local court and serves a copy of the paperwork on their spouse, known as the respondent. For the case to get underway, at least one spouse must have lived in Texas for at least six months and in the county where the divorce is sought for at least 90 days.
Once filed, the divorce isn’t instantaneous, even if it’s uncontested. Texas has a 60-day waiting period, although there are exceptions for certain cases involving family violence. Once all of the terms of the divorce are finalized and at least 60 days have passed since the divorce was filed, a judge can sign off on the dissolution of the marriage.
At The Law Office of Ben Carrasco: Austin Family Law & Divorce Lawyer, we help clients with:
Divorcing parents must decide how to share parental rights and responsibilities. Under Texas Family Code Chapter 153, custody involves conservatorship, which covers decisions about a child’s health, education, and welfare, and possession and access, which determine when each parent spends time with the child.
Courts prioritize the child’s best interests when making these decisions. We help parents find arrangements that work for their families and protect their parental rights.
A divorce has serious financial implications for children, too. Both parents have a responsibility to provide for their children, which can be more complicated when they’re no longer married.
Often, the non-custodial parent (the one who spends less time with the children) assumes an obligation to provide regular financial support to the custodial parent for the benefit of their children.
Spousal maintenance may be available in certain Texas divorces when one spouse lacks sufficient resources to meet their minimum reasonable needs and satisfies other legal requirements. Courts consider factors such as the length of the marriage, each spouse’s earning capacity, and their financial circumstances when determining whether maintenance is appropriate.
Disputes over spousal maintenance amounts and duration can arise during contested divorces. Our divorce attorney in Austin helps clients fight for meaningful support or argue against or minimize support payments, depending on the circumstances.
Texas is a community property state. This means that most assets and debts acquired during a marriage are considered jointly owned by both spouses. However, community property is not necessarily divided equally during a divorce. Instead, Texas courts divide marital property in a manner that is just and right.
At the outset of a divorce, we help our clients identify the assets they want to keep, what they’re willing to give up, and where there’s room for compromise.
Community property may include bank accounts, savings accounts, retirement accounts, business interests, the family home, vehicles, furniture, and jewelry. Certain debts, such as credit card balances, mortgages, and car loans, may also be considered during property division.
Prenuptial agreements are private contracts executed by spouses before they get married, dictating how certain terms of a divorce, like property division, will be handled.
Postnuptial agreements are the same, except they’re executed after a couple is already married. These agreements can simplify divorce proceedings by resolving potentially contested issues in advance.
Everyone’s divorce is different. Depending on the circumstances, different rules, regulations, and laws can apply. Choosing an attorney who’s familiar with and has experience handling cases like yours is critical when so much is on the line.
At The Law Office of Ben Carrasco: Austin Family Law & Divorce Lawyer, we have experience representing clients in a wide range of complex divorce matters, including:
Don’t hesitate to contact our divorce lawyer in Austin to discuss the circumstances surrounding your divorce and learn about our ability to help you achieve the outcome you deserve. We offer a confidential case evaluation.
It depends. Texas generally requires a 60-day waiting period before a divorce can be finalized, although certain family violence cases are exempt.
An uncontested divorce – a case where spouses agree on all aspects of the split – may be resolved shortly after this waiting period if all legal requirements are met. If a divorce is contested – where at least one term of the divorce is disputed – the process can take much longer. The timeframe depends on how willing spouses are to negotiate and compromise.
Some terms of a Texas divorce decree are final, while others may be modified under certain circumstances. Property division is generally final and cannot be modified once the decree becomes final. However, child custody, child support, and court-ordered spousal maintenance may be modified when specific legal requirements are met.
Texas is a no-fault state for divorce, which means neither spouse has to bear responsibility for the split. A divorce can be granted on the grounds that the union has “become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.”
Texas also recognizes fault-based grounds for divorce, including adultery and cruelty. Evidence of marital misconduct may affect property division, depending on the circumstances. However, fault does not automatically determine child custody or spousal maintenance.
Divorce is tough, and it’s not something you should navigate alone. The Law Office of Ben Carrasco: Austin Family Law & Divorce Lawyer, offers aggressive legal representation when you’re overwhelmed about what your future looks like. Our Austin divorce lawyer will work diligently to pursue a fair and reasonable outcome in your case.
Reach out to our Austin law office to learn more today. We’re here to answer your questions and schedule a time for your confidential case review.
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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