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Family Law Attorney Austin

Finding the Right Family Law Lawyer in Austin

Family law pertains to legal matters that involve family relationships, such as divorce, child custody, property division, and other related disputes. It covers a wide range of issues that impact the personal lives of individuals and their families, especially when it comes to determining rights and responsibilities.

Family law matters can significantly affect your life, finances, and future relationships. Whether you are going through a divorce or fighting for custody of your children, understanding family law is essential to protecting your rights and achieving a fair resolution of issues. The emotional and financial stakes are high, making it crucial to have reliable legal support.

At the Law Office of Ben Carrasco, PLLC, we focus on helping clients navigate complex family law issues. We provide tailored legal representation for cases such as high-net-worth divorces, contested child custody, and obtaining protective orders. We guide you through each stage of the legal process, ensuring you are informed while we work to protect your rights and achieve a positive outcome.

Practice Areas

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Child Custody

Child custody is the legal process of determining which parent, guardian, or third party will have the right to make decisions regarding a child’s welfare.

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Grandparents’ Rights

Grandparents’ rights ensure visitation and custody when beneficial for the child, protecting meaningful family relationships and preserving emotional connections through legal support.

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High Net Worth Divorce

Ben Carrasco is a Board Certified Family Law specialist with extensive experience handling complex divorces for high-net-worth individuals and families.

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Marital Agreement

Prenuptial and postnuptial agreements outline asset division and financial rights, protecting both spouses. These legal contracts ensure clarity, security, and airness in marriage or potential separation.

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Property Division

In Texas divorces, community property laws dictate that assets and debts acquired during marriage are divided in a manner the court deems fair and just.

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Spousal Support

Alimony can be a lifeline or a crushing burden; whether you’re seeking financial security or facing unfair demands you need a lawyer who understands the nuances of Texas alimony laws.

All Practice Areas

Why Hire Ben Carrasco

Divorce Representation In Austin

Navigating a divorce can be overwhelming, which is why we’re here to provide smart and aggressive representation throughout the entire process. Divorce in Texas includes both no-fault and fault-based options, offering flexibility based on your situation. Residency requirements mandate that, before filing, one party must have lived in Texas for at least six months and at least 90 days in the county where the divorce is to be filed.

Divorces often involve complex issues like property division and spousal support. Our focus is on equitable distribution of marital property for fair asset division. Challenges can arise, especially when dealing with real estate, investments, and other significant assets.

One of the most common divorce issues is spousal support. Determining spousal support involves considering various factors, such as the length of the marriage and each party’s earning capacity and financial needs. The Law Office of Ben Carrasco, PLLC is committed to ensuring that support arrangements are fair and equitable.

Whether facing a complex divorce or a high-net-worth divorce, our legal strategies are tailored to your unique case. Our experienced Austin divorce attorney is ready to defend your rights and interests passionately from start to finish, including trial advocacy if necessary. We’re your dedicated partner in resolving family law challenges effectively.

Property Division
in a Texas Divorce

Texas is a community property state with unique rules governing asset division in a divorce. In a community property framework, all assets and debts amassed during the marriage–regardless of which spouse acquired or earned the asset–are presumed to be jointly owned and subject to division by a court. By contrast, separate property generally consists of property a spouse obtained prior to the marriage or during the marriage via gift and/or inheritance. If a spouse proves by clear and convincing evidence that a particular asset is separate, then a court cannot award any part of the separate asset to the other spouse. With regard to community property, courts do not always divide this property equally. Instead, courts strive for a “just and right” division based on weighing a variety of factors including fault in the breakup of the marriage (infidelity to cite one example), disparity in income between the spouses, need for future support, need to care for children, duration of the marriage, size of the estate, and other factors.

After considering these factors, a court may end up awarding one spouse a disproportionate share of the community estate.

The basic tenets of community property sometimes blur when delineating between separate and communal assets. Real estate, retirement funds, investment portfolios, and business ventures can sometimes be of mixed character–both separate and community–which requires more specialized scrutiny for accurate classification. For example, a retirement account may include funds contributed before marriage (which would be considered separate property) and funds contributed during the marriage (which would be considered community). Owning a business also poses unique challenges in a divorce. Valuing businesses or tracing separate property sometimes require engaging forensic accountants to obtain accurate asset valuations. Ben Carrasco has extensive experience handling complex divorces that involve substantial estates, separate property tracing, and business valuation.

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Why I Practice Family Law

Alimony in Texas

In Texas, spousal maintenance, or what most laypeople think of as alimony, is available in certain circumstances. While intended to provide financial support to a spouse post-divorce, it’s a misconception that such support is automatically granted. The requesting spouse must first demonstrate that they will lack sufficient property, upon divorce, to provide for their minimum needs and have been married for at least ten years. In other words, if a spouse’s share of the community estate represents a substantial sum—say, for example, the spouse will be a millionaire after receiving his/her share of the equity in the house, retirement accounts, etc.–then the likelihood the spouse will also receive spousal support is significantly diminished.

Ben Carrasco understands the criteria for spousal maintenance, including its duration and amount. Factors like the length of the marriage, the size of the community estate, employability, age, and health of the spouses, and any past incidents of domestic violence come into play. Texas has specific limitations on spousal maintenance with respect to the amount and duration of support. The duration of support depends on the length of the marriage and the maximum amount of support a court can award is 20 percent of the paying spouse’s gross monthly income or $5000, whichever figure is lower.

Child Custody And Support

When it comes to child custody, agreements can take many forms. Joint custody allows both parents to make significant decisions for their child, while sole custody grants these rights to one parent alone. Whether you’re negotiating a custody case or in the midst of a custody dispute, we are here to assist you every step of the way.

Custody matters are not just about reaching an agreement. Courts consider the child’s best interest, focusing on stability, safety, and each parent’s ability to meet the child’s needs. Your attorney shall advocate for you, ensuring your rights and interests are safeguarded while striving for a favorable or fair outcome.

We understand the complexity of child support issues. Texas calculates support based on the paying parent’s income and considers factors like the number of children and each parent’s financial situation. Navigating these intricacies requires legal knowledge and skills—we offer strategic advice for fair calculations and compliance with court orders.

Our approach is smart and tenacious. We honor your trust in us by being both passionate and responsive. If you’re facing custody disputes or seeking modifications, consult an Austin child custody lawyer who will fight vigorously on your behalf. Your peace of mind is our priority, and we are committed to working hard so we can deliver results that uphold your interests and those of your loved ones.

Modifications And Enforcement Of Family Law Orders

Family law orders are essential for maintaining order in family dynamics. These orders include child custody, spousal support, and more. At times, life changes necessitate modifications to these orders. We can help you navigate this process smoothly.

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Modification Requests

A change in circumstances, like a new job or relocation, can prompt a change in child custody or spousal support orders. Through mediation, we strive to reach a mutual agreement, reflecting new realities.
If negotiation fails, a court decision may be necessary. Collaborative law approaches can substantially aid this process by encouraging cooperation rather than conflict. This helps preserve relationships and often leads to more favorable outcomes.

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Enforcement of Court Orders

Ensuring compliance with existing court directives is crucial. For example, if your ex-spouse is violating a custody agreement or not making support payments, swift action is needed. We are dedicated to helping you assert your rights and follow through with necessary enforcement measures.
Ignoring court orders can result in serious legal consequences. We work zealously so that these orders are not just words on paper but are followed as intended.

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Appeals

When you disagree with a family court’s ruling, filing an appeal can be your next remedy. An experienced Austin family lawyer can assess your situation and guide you through the complex appellate process, striving for a more equitable resolution in your case.

Overall, the aim of our family law attorney is to provide robust support so that your family law orders are fair, current, and enforced.

Benefits Of Working With An Austin Family Law Attorney

Extensive Legal Experience and Advocacy

The Law Office of Ben Carrasco, PLLC, brings a wealth of experience to the table. We are adept at navigating the complexities of the legal process, ensuring that our clients receive knowledgeable advice and strategic representation. With us, you gain a partner committed to defending your rights at every stage.

Personalized Legal Services

Every client’s situation is unique, which is why we focus on providing tailored legal services. Our commitment is to deliver dedicated advocacy and results, whether you’re dealing with a high-net-worth divorce or contested child custody.

Resolving Conflicts

Our family law attorney excels in negotiation and conflict resolution, helping to avoid drawn-out court battles. We employ creative solutions through methods like mediation to reach fair settlements, protecting your interests and reducing stress.

Professional Resources

Having access to professional resources is crucial in family law cases. Ben Carrasco utilizes expert witnesses and financial advisors to build stronger cases. By leveraging these tools, we aim to achieve the most favorable outcomes for our clients.

Reputation and Trust

The trust of our clients matters deeply to us. As a respected family law firm in Austin, our reputation is built on a foundation of ethical practices and passionate advocacy. We take pride in being a reliable advocate for your legal needs.

Family Law Expert

Are you dealing with divorce or child custody issues in Austin, Texas? The Law Office of Ben Carrasco, PLLC is here to offer reliable representation and tailored legal strategies to help you through these challenging times.

We understand the complexities you face, and we are committed to defending your rights and interests throughout the process. We encourage you to reach out for a consultation to discuss your unique situation. The sooner we begin, the earlier we can develop a legal strategy that aims to achieve the results you deserve.

Contact The Law Office Of Ben Carrasco, PLLC

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.