Hays County Family Law Attorney

Family Lawyer in Hays County, TX

Resolution is at the heart of every family law issue. However, navigating family law can be complicated, making it essential to seek expert legal guidance before moving forward.

With years of experience navigating complex family law cases, Ben Carrasco brings board-certified experience and steadfast dedication to the Hays County community.  Whether you’re dealing with a divorce, child custody battle, or property division, The Law Office of Ben Carrasco, PLLC, provides personalized legal representation to help your family achieve the most beneficial possible outcome.

Ben is the family law lawyer Hays County depends on for guidance during life’s most challenging transitions. Contact our firm today to schedule a consultation.

Call Ben Carrasco Today (512) 851-0821

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Types of Family Law Cases the Law Office of Ben Carrasco, PLLC Handles

At the Law Office of Ben Carrasco, PLLC, we have years of experience handling family law cases in the Hays County Courts at Law and district courts. The types of cases we manage include:

• Child custody. Whether parents are divorcing or have decided they are no longer able to coparent as a team, they can petition the court to help them create a fair agreement that outlines parental responsibility and possession.
• Child support. We can help parents petition the court to create a fair child support order to secure the funds your child needs.
• Divorce. When a marriage comes to an end, couples can petition the court to assist with matters like asset division, helping to keep partners honest about their property and promoting fairness. In Texas, 22% of family law cases are for divorce with no children, while 17% are for divorces involving children.
• Alimony. After a divorce, one spouse may need financial support to help them maintain their standard of living or receive an education or vocational training to find work. Alimony payments can help with the transition.
• Grandparents’ rights. In rare cases, grandparents can petition the court for custody or visitation if it’s in the best interests of the child.
• Paternity and fathers’ rights. For unmarried fathers to have rights to their children, they must establish paternity. We can help fathers petition the court to grant them rights and protect those rights.
• Custody and support order modification. Over time, the terms of a custody or support order may no longer serve the best interests of the parties involved. In that case, you can petition the court to modify an existing order.

A family lawyer can represent either party in a dispute between spouses, co-parents, or others in a family unit. Generally, each party must have their own lawyer to avoid conflicts of interest, which means a family law attorney cannot represent both parties to a divorce, for example.

How to File for Divorce in Texas

To file for divorce in Hays County, TX, you’ll need to first decide whether to file a contested or an uncontested divorce. If you can agree upon the terms of your divorce with your spouse without the need for outside mediation or litigation, your divorce is uncontested. Simply submit a copy of the settlement agreement to the District Clerk’s office, and the judge can review and approve it. Your final divorce decree can be issued following the mandatory waiting period.

Otherwise, you’ll need to file a contested divorce. Contested divorces tend to take longer and cost more money to resolve, but they may be necessary for couples that can’t come to amicable resolutions themselves. Here’s what to expect from the process:

1. File a divorce petition. You can file your petition for divorce with the County Clerk’s office.
2. Serve your spouse. You’ll need to serve a copy of the divorce papers on your spouse. You can do this by using a process server, the sheriff’s office, or certified mail. 
3. Request restraining orders if necessary. A temporary restraining order can be issued to prevent your spouse from spending, destroying, or otherwise eliminating marital property and harassing you during the family law case.
4. Request a protective order. If you’re worried about your safety, you may also want to file a request for a protective order to limit contact between yourself and your spouse.
5. Wait for a response. The respondent has a limited amount of time to file a response with the court.
6. Submit documentation. You’ll need to provide documentation of your income, assets, expenses, and other relevant information, as should your spouse.
7. Mediation. The courts require mediation prior to divorce trials. If it’s successful, you’ll be able to complete your divorce agreement and submit it to the judge for approval without going to court. If it’s not, a date can be set for your trial.
8. Trial. Both sides can present their arguments and evidence. A judge can evaluate all of the available evidence and come up with a final divorce order when the trial is over. The order cannot be finalized until 60 days after the petition’s filing date.

You should hire a family lawyer as early in this process as possible. Your attorney can protect your rights and interests throughout this difficult legal process and help you avoid common mistakes, such as allowing your emotions to get in the way of making wise, informed decisions.

Hire a Family Law Attorney

Family laws can be difficult to understand on your own, especially if you are inexperienced. Luckily, you can turn to a Hays County family lawyer to help you. Your attorney can assist you in filing your petition, serving the other party with the proper documents, collecting evidence to support your case, and representing you in negotiations or court.

Additionally, your lawyer can work to protect your rights and manage the more complex parts of your case. Especially in matters such as high net worth divorces or hostile custody battles, having a lawyer to investigate and handle communication is vital to helping the process go as smoothly as possible.

Serving All of Hays County Communities

The Law Office of Ben Carrasco proudly serves all communities across Hays County, including:

• Kyle
• Dripping Springs
• Buda
• Wimberley

If you’re not sure whether your hometown falls under our purview, feel free to contact our office to schedule a consultation and discuss your concerns.

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The Hays County Court System

The Hays County Government Center is located in San Marcos at 712 A. Stagecoach Trail. It’s home to the County Courts at Law and the District Courts, where family law matters are usually handled in Hays County.

It’s important to note that there are some specific rules and procedures that are unique to Hays County. For example, judges here often require mediation in divorce cases before they can proceed to final trials. Local court rules mandate mediation prior to jury cases.

What to Expect When Working with Ben Carrasco

Family law can feel overwhelming, but Ben seeks to provide a transparent process. He is a board-certified, Stanford Law School graduate who has been recognized for his legal leadership and responsive work ethic. He communicates promptly and candidly, which means his clients always understand both the strengths and weaknesses of their case.

Here’s what you can expect when you work with The Law Office of Ben Carrasco:

1. Consultation. We’ll start with a confidential consultation where Ben can listen to your story, assess your case, and explain your legal options.
2. Case Review. After the consultation, Ben can review the details of your case and develop a strategic plan tailored to your needs.
3. Filing. Ben can handle all necessary filings, making sure your paperwork is in order and submitted on time.
4. Court Representation. If your case goes to court, Ben can be with you every step of the way, representing your best interests in front of the judge.

FAQs

Q: Who Loses More Financially in a Divorce?

A: Both parties in a divorce have the potential to lose more financially. One study found that women experience a drop in their standard of living by 46-50% following a divorce. This is nearly double the drop experienced by men. This, of course, depends on how much each partner contributed financially to the marriage and the ability of the other spouse to pay alimony.

Q: How Hard Is It to Get Full Custody in Texas?

A: Getting full custody in Texas is difficult, as the courts typically favor some type of shared decision-making responsibilities between the parents. This is often seen as aligning with the child’s best interests, which is the standard the courts are looking to meet when creating parenting agreements. While less common, the court could award a parent full custody if they believe that it serves the child’s best interests.

Q: What Should You Never Say to a Family Court Judge?

A: One thing you should never say to a family court judge is a lie. Whether you’re in a custody battle, going through a contested divorce, trying to modify a parenting agreement, or arguing for child support, lying to a family court judge can only serve to hurt your position. Depending on the lie, you could even face further legal penalties. The court is interested in creating fair agreements that work for everyone, and telling lies is counterproductive to that goal.

Q: What Is the 6-Month Rule in Texas?

A: Depending on the context, the 6-month rule relates to residency requirements for certain family law cases. To file for divorce, one of the spouses must have lived in Texas for at least the past six consecutive months. Texas courts have jurisdiction to issue custody orders if the child has lived in Texas for the last six months prior to the case being filed. Additionally, to file for divorce, you must have lived in Hays County for the preceding 90 days.

Hays County Family Law Attorney – The Law Office of Ben Carrasco, PLLC

When you are amid a divorce, custody battle, or paternity case in Hays County, you want a knowledgeable lawyer with years of experience in your corner. Hire a family law attorney from the Law Office of Ben Carrasco, PLLC, to get the representation you need during this difficult time. We can sit down with you, explain your legal options, and work with you to select the right path forward for you and your family.

Contact us today to schedule a confidential consultation for your family law case, where we can discuss the details of your circumstances. Let our knowledge and experience go to work for you.

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