Pflugerville Divorce Lawyer

Trusted Divorce Attorney in Pflugerville, TX

It’s never easy when a marriage comes to an end. Between the heightened emotions and the complicated legal process, divorce can be complex. What can begin as an amicable process can quickly turn contentious. It helps to have an experienced Pflugerville divorce lawyer on your side, giving you guidance during this difficult time.

The Law Office of Ben Carrasco, PLLC, is here to give you the compassionate support you need throughout the divorce process. Our team has represented clients in all aspects of divorce, including mediation, arbitration, and litigation. We understand how important the next steps are after a divorce and work aggressively to set you on the right foot to land first as you move forward.

Types of Divorce Cases in Pflugerville

The type of divorce couples may pursue largely depends on their goals and their willingness to work together. In Texas, there are four types of divorce, varying in their costs and involvement of the court. They include: 

• Contested divorce. When couples cannot agree on major issues like property division, child support, or alimony, they may need the court to step in and create an agreement for them. These divorce cases can get contentious, and they often end up being the most expensive and taking the most time to resolve.
• Uncontested divorce. If both spouses agree on the terms of the separation, they can file for an uncontested divorce. Oftentimes, they arrive at court with an agreement already written and signed, and the judge simply must review it to make sure it is fair for both parties. This process is often the fastest and cheapest. In FY 2024, 33% of family law cases were resolved via agreed judgments, meaning they did not have to go to trial.
• Mediated divorce. In some cases, couples want to cooperate and work toward a fair agreement but still disagree on major issues. They may hire a third-party mediator to come in and help them create a fair deal. They don’t force the spouses to agree to anything, but rather, they help the couple facilitate communication to reach a compromise.
• Collaborative divorce. Like a mediated divorce, couples work together outside of court to reach an agreement in a collaborative divorce. However, instead of using a mediator, both sides hire their own legal teams to negotiate a deal.

If you’re unsure which of these options is appropriate for your situation, speak with a divorce attorney. You can explain the details of your case, the reason you’re seeking a divorce, and work with them to plan out the path forward.

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Texas Divorce Laws

When you’re going through a divorce in Texas, it’s important to know the relevant laws and how they can impact your case. First, Texas is a no-fault divorce state, as established by Family Code § 6.001. This means couples do not need a specific reason to file for divorce, but rather, they can cite the instability of the relationship.

When it comes to asset division, the state follows a just and right standard, which means assets aren’t always split 50/50. Instead, the court may review factors such as the cause for divorce, each spouse’s financial situation, the length of the marriage, and who is going to receive custody of the children to decide on a fair division of assets.

The Process of Filing for Divorce in Texas

While the process of filing for divorce in Texas depends on what type of divorce you are about to undergo, there are some commonalities among all divorces. Here’s what you can expect, depending on the circumstances surrounding your divorce proceedings:

1. Determine what type of divorce you intend to file. You’ll need to make decisions about whether to file for a contested or uncontested divorce and whether you plan to file on fault-based or no-fault grounds.
2. File your divorce petition. Your next step is to file the Original Petition for Divorce. The exact paperwork you fill out may vary depending on whether you and your spouse share minor children and/or property. You can file your divorce paperwork online or in person at the Travis County or Williamson County District Court’s office. The court clerk can then assign your divorce case a docket number.
3. Serve your spouse. Once your divorce petition has been accepted and sent back to you, you’ll need to serve your spouse with a copy. You can pay a sheriff or process server to serve your spouse. They can then provide you with a Return of Service affidavit that you can file with the clerk. If your spouse is evading service, let the court know. You may be able to serve them in an alternate fashion, such as by posting a notice in the newspaper.
4. Wait for an answer. Your spouse, the respondent, has a certain amount of time to submit a formal response to your petition. They can also file a counter-petition. If they don’t answer the petition, your divorce attorney can request a default judgment so that the case can proceed without them. 
5. Settlement negotiations. You may be able to avoid the expense and time of a trial by entering into settlement negotiations with your spouse to file an uncontested divorce. Your attorney can represent you throughout this process.
6. Mediation. If you can’t come to an agreement in settlement negotiations, the next step is to attend a pre-trial mediation. This gives your lawyers another chance to negotiate a fair settlement without court involvement with the help of a third-party mediator.
7. Discovery. If your case must proceed to trial, you’ll enter the discovery period. This is when you and your spouse must exchange financial information, and your lawyer can submit motions to the court.
8. Trial. Following a period of preparation, your divorce case goes to trial. A judge can evaluate all of the available evidence and issue a settlement agreement and final order at this time.
9. Appeals. You have a short window of time in which to appeal the judge’s decision. Appeals can only be filed if you believe the judge made a significant legal error or abused their discretion. You can’t appeal a decision just because you don’t like the results.

It’s beneficial to hire a divorce attorney as early in this process as possible. Your lawyer can help you avoid common pitfalls and provide objective legal advice during what can be an emotionally heated process. Whether your divorce is contested or uncontested, you need a legal professional on your side who can uphold your rights and interests during negotiations and, if necessary, in court.

Hire a Divorce Lawyer

If you want an attorney who doesn’t back down from a challenge, whether that means aggressively representing you in negotiations or standing up for your rights in court, then you want Ben Carrasco. He constantly delivers results for his clients, working hard to get justice for them. Texas’s divorce laws can be complicated, and you want an experienced, knowledgeable attorney on your side throughout the process.

In 2024 alone, there were 62,802 divorces filed in Texas that didn’t involve children and 48,400 that did, meaning Texas’s courts were flooded with over 110,000 cases. You don’t want to get lost in the shuffle. The Law Office of Ben Carrasco, PLLC, is here to give you the guidance you need to navigate the legal system.

FAQs

How Much Does a Divorce Attorney Cost in Texas?

The cost of a divorce attorney in Texas is dependent on several factors. Influences on pricing include the experience of your lawyer, the complexities involved in your case, and even whether the case is litigated in court. To understand the costs you could incur, speak with a Pflugerville divorce lawyer who can evaluate your unique circumstances and help determine what you can expect to pay.

What Are the 3 C’s of Divorce?

The three C’s of divorce are communication, cooperation, and compromise. Following these principles helps reduce conflict throughout the process, helping the case go faster and reducing the costs for you and your spouse while keeping things amicable. This is especially important when children are involved, as you’ll have to find ways to continue being a family well after the divorce is finalized.

What Shouldn’t You Do During a Divorce in Texas?

Some things you shouldn’t do during a divorce include hiding assets, violating court orders, and destroying property. Hiding assets to avoid equitable division is a form of fraud and can result in you losing the asset and facing other penalties. Similarly, violating a temporary court order can result in serious penalties, as it can deliberately destroy property to deprive your spouse of it.

How Much Is a Wife Entitled to in a Divorce in Texas?

When it comes to what a wife is entitled to in a divorce in Texas, it is the same as what a husband is entitled to. Texas law does not discriminate based on gender. The case should be evaluated under the terms of the law, and both parties involved should have an equal opportunity in the divorce settlement to gain what they believe they have a right to. Your divorce attorney can help to protect your rights throughout the process.

Pflugerville Divorce Lawyer

Whether you and your spouse are going through a hostile, contested divorce or agree on most terms for your separation in Pflugerville, you want an experienced Pflugerville divorce attorney by your side. Hire a divorce lawyer from the Law Office of Ben Carrasco, PLLC, to help you pursue a fair marriage agreement and protect your rights.

Contact our office today to schedule a consultation. Come speak with us about your goals and expectations for your divorce, and we’ll work together to create an effective legal strategy.