Are you facing a divorce that involves significant assets in Austin, Texas? Call the Law Office of Ben Carrasco: Austin Family Law & Divorce Lawyer for a consultation at (512) 320-9126. Our award-winning Austin high-net-worth divorce lawyer can provide dedicated legal representation and fight to protect your interests throughout the divorce process.
Our firm focuses on family law matters that demand careful attention to financial detail. With 18 years of experience, Austin family law attorney Ben Carrasco has guided clients through divorces involving complex assets time and time again. You can count on our firm to handle your case with the level of skill it requires as well.
A high-net-worth divorce presents challenges that go beyond what a typical dissolution involves. Choosing the right Austin divorce attorney in these circumstances is one of the most consequential decisions you’ll make as a result.
The Law Office of Ben Carrasco has spent nearly two decades helping Austin families resolve difficult legal matters just like these. Here is what makes our firm the right choice for your high-net-worth divorce:
Call us today so we can begin evaluating your case and developing a plan to protect what matters most to you. Our Austin high-net-worth divorce attorney is ready to get to work for you right away.
Before filing for divorce in Texas, you must meet certain residency requirements. At least one spouse must have lived in the state for six months. Additionally, you need to have been a resident of the county where you plan to file for at least 90 days.
Texas allows both no-fault and fault-based divorce. In a no-fault divorce, you can cite “insupportability,” which simply means the marriage has become unworkable due to conflict. Fault-based grounds include allegations such as adultery. In some cases, pursuing a fault-based divorce can sometimes influence how the court divides property.
After the divorce petition is filed and your spouse is served, there is a mandatory 60-day waiting period before the divorce can be finalized. During that window, both sides typically begin the discovery process, where financial records and other relevant documents are exchanged. If you and your spouse are able to reach an agreement on all outstanding issues, the court can approve the settlement.
Cases that remain disputed will eventually proceed to trial, where a judge will make the final decisions.
Not all divorces carry the same level of financial complexity. When a couple has accumulated significant wealth during their marriage, the process of identifying and dividing that wealth becomes far more involved.
Several factors set high-net-worth divorces apart from standard cases:
Each of these factors demands careful legal and financial analysis. That’s exactly what we can provide you with if you hire us to represent you.
Texas follows community property principles, which means that most assets acquired during the marriage belong to both spouses. However, community property in Texas is not automatically split down the middle. Instead, the court divides it in a manner that is “just and right.”
Separate property belongs exclusively to one spouse and is generally not subject to division. Assets that qualify as separate property include:
One of the biggest challenges in a high-net-worth divorce is distinguishing between community and separate property. Over the course of a long marriage, funds often become mixed together in shared accounts. This is known as “commingling,” and it can blur the line between what belongs to the marital estate and what remains separate. Tracing the origins of these funds typically requires forensic accounting expertise.
Spousal maintenance (sometimes called alimony) is not guaranteed in every Texas divorce. The state has specific eligibility requirements that must be met before a court will order these payments.
Generally, a spouse may qualify for maintenance if the marriage lasted at least 10 years and that spouse lacks the ability to earn enough income to meet basic needs. Other qualifying circumstances may also apply, such as situations involving family violence.
If maintenance is awarded, the court evaluates several factors to determine the amount and duration:
In high-net-worth cases, disputes over spousal maintenance can become particularly contentious. This makes having an attorney on your side all the more important.
In many high-net-worth divorces, the true value of the marital estate is not immediately obvious. A forensic accountant can be one of the most valuable members of your legal team.
These financial experts specialize in:
Our firm can work with trusted financial professionals who have extensive experience in high-asset divorce cases. Their findings can be invaluable toward ensuring your interests are protected.
If you share children with your spouse, conservatorship (what most people refer to as custody) will be a central issue in your divorce. Texas courts prioritize the best interest of the child above all else when making these determinations.
Texas recognizes two forms of conservatorship. A managing conservator holds primary decision-making authority over matters like education and healthcare. A possessory conservator typically has visitation rights and may share in some decisions. In many cases, parents are named joint managing conservators, meaning they share responsibilities.
High-net-worth divorces can add layers of complexity to conservatorship disputes. For instance, disagreements may arise over things like private schooling and the overall lifestyle each parent can provide. Courts will also examine each parent’s living situation and their ability to foster a stable environment for the child.
Our family law firm can help you pursue an arrangement that serves your child’s well-being. Get in touch with us today for more information.
If you and your spouse signed a prenuptial or postnuptial agreement during the marriage, that document could play a significant role in your divorce proceedings. These agreements often outline how assets will be divided and whether spousal maintenance will be paid.
Texas courts will generally enforce a valid prenuptial or postnuptial agreement. However, there are circumstances under which these agreements can be challenged:
We can either contest an agreement or work to uphold its terms, as applicable to the facts of your case.
Your financial security should not be left to chance during a divorce. The Law Office of Ben Carrasco: Austin Family Law & Divorce Lawyer has 18 years of experience helping Austin families protect their assets and their futures during some of the most challenging moments of their lives.
Now, our Austin high-net-worth divorce attorney is here to do the same for you. Contact us today for a consultation to get started with your case.
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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