Georgetown Divorce Lawyer

Divorce Attorney in Georgetown, TX

Whether you are negotiating your divorce settlement or fighting for your rights in Court, having an experienced Georgetown divorce lawyer on your side matters. Divorce is not just paperwork. Divorce is a legal process with real consequences for your bank account, your children, and your future. Knowing how Texas divorce laws apply to your situation can make the difference in getting the divorce you deserve.

Understanding Texas Divorce Laws

Texas divorce laws are written in the Texas Family Code and apply to every county in Texas. How divorce laws are enforced, however, varies depending on the facts of your case and your local Court. Texas is a no-fault divorce state, but it also allows spouses to allege fault grounds for divorce.

The vast majority of divorce petitions in Texas are filed on no-fault grounds, meaning that the petitioner alleges the marriage has become insupportable due to conflict or discord under Texas Family Code § 6.001.

Determining Fault

Even though fault may not determine your divorce result, it can still influence the proceedings. Spouses can also allege fault-based grounds for divorce, including adultery, cruelty, abandonment, felony conviction, or living apart. Texas is a state that practices judicial discretion. This means that while your spouse may open divorce with allegations of fault, those allegations may or may not impact how your divorce is resolved.

Knowing when fault is legally significant and when it can be used to your advantage requires the skills of a Georgetown divorce attorney.

Residency Requirements to File for Divorce

If you are ready to file your divorce in Georgetown, Texas, the law requires you or your spouse to have lived in Texas for at least six months and lived in the county where you file for at least 90 days. Texas requires these residency requirements to be met before your case is filed.

Georgetown divorce cases are typically filed at the Williamson County Justice Center, 405 Martin Luther King Street, Georgetown, TX 78626. Knowing how to properly file your case and what to expect from your local court can save you time and prevent costly early mistakes.

Uncontested vs. Contested Divorce

Some divorce cases are simple and can be resolved quickly. Others take years and require extensive discovery and trial. When divorcing spouses agree on all issues, including property division, conservatorship, and child support, the case is considered uncontested. When spouses cannot resolve their issues without the court’s help, they are considered contested.

Contested divorce cases can be about virtually anything. Common examples include community vs. separate property disputes, hidden assets, disagreements about parenting plans or schedules, spousal maintenance (also known as alimony), and more. Building your case from the beginning with conflict in mind can prevent many of these issues from arising unexpectedly later in your case.

Child Custody

Texas has a marriage rate of 5.8 per 1,000 people, according to the CDC. There were 2.1 divorces per 1,000 people. The significance of custody choices in divorces is further highlighted by the fertility rate, which is 60.6 births per 1,000 women aged 15 to 44.

When children are involved in a divorce, emotions can run high. Conservatorship matters are typically the most complex issues to settle. Under Texas law, there is no such thing as physical or sole custody. Instead, Texas family law courts consider issues of conservatorship according to the best interest of the child.

Legal decision-making authority, primary residence, and even standard possession schedules can all be contested. In high-conflict custody battles, courts can consider each parent’s past involvement in the child’s life, stability of the home environment, ability to co-parent, and any history of domestic violence or substance abuse. Developing a parenting plan that protects your parental rights and your child’s best interests is vital.

Spousal Maintenance

Alimony in Texas is known as spousal maintenance and is not guaranteed in every divorce. Spousal maintenance is awarded only under certain circumstances, and many factors are considered when courts make this decision, including:

• The length of the marriage
• Each spouse’s earning potential
• Disability
• The health of each spouse
• The presence of violence or abuse

Determining eligibility for maintenance can be complex, but it is particularly important in higher-income divorces where one spouse may have been out of the workforce for many years.

Hire a Divorce Lawyer Right Away

Many individuals wait until just days before their case to hire a divorce lawyer. They may believe they can resolve issues with their spouse or handle documentation on their own as they proceed through the divorce process without legal assistance. Unfortunately, most legal decisions made before your attorney gets involved are irreversible.

Financial disclosures should be done carefully. Parenting agreements and temporary orders can become permanent if you are not careful. Hiring an attorney as soon as you know you want to divorce can help you protect your rights from day one, preserve evidence, and avoid expensive mistakes.

About the Law Office of Ben Carrasco, PLLC

Legal representation makes a difference. At the Law Office of Ben Carrasco, PLLC, we focus exclusively on contested and high-net-worth divorce cases. The Law Office of Ben Carrasco, PLLC ensures that your Georgetown divorce lawyer is an experienced attorney who remains with your case throughout.

Ben Carrasco will serve as your direct point of contact for all matters related to your case. As a Board Certified Family Law Specialist, he has the experience and trial skills you can trust to protect your rights and your future. Ben graduated from Stanford University before earning his law degree. He understands that divorce doesn’t just affect you today; it impacts your family for years to come.

Contact the Law Office of Ben Carrasco, PLLC, Today

Your divorce should not be handled on your own. Whether you need to file your divorce papers or defend yourself in court, having a knowledgeable Georgetown divorce attorney on your side can protect your rights and your future. Contact the Law Office of Ben Carrasco, PLLC today to schedule your consultation and learn how we can help you.