It depends on a variety of factors including the level of conflict, where your case is filed, and who the opposing lawyer is. Some divorces are settled at mediation within weeks of filing. High conflict cases involving financial experts, court appointed professionals like guardian ad litem, and psychological evaluations can literally span years. Difficult opposing counsel who drag their feet drafting and approving orders or who stonewall when hearings need to be scheduled prolong the process. It is also more difficult to get to court in certain counties. For example, getting hearing dates and having lengthier hearings is more difficult in Hays or Williamson than Travis County.
Austin
Ben
Carrasco
Carrasco
Why Hire
Ben Carrasco
A Leading Austin Divorce Attorney
Stanford Educated & Board Certified. We bring not only brains and expertise to your case but
experience and passion as well, ensuring that our clients receive wise counsel outside the
courtroom and fierce advocacy when in it.
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.
Any lawyer can settle a case because surrender is easy. And while most of our cases do settle,
Ben Carrasco distinguishes himself by his performance in the courtroom, routinely winning hard
custody and divorce battles through meticulous preparation and zealous trial skills.
Having access to professional resources is crucial in divorce and 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.
The trust of our clients matters deeply to us. As a respected divorce and 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.
Expert Family Law Representation in Austin
Family law pertains to legal matters that involve family relationships, such as divorce, child custody, property division, and related disputes. If you’re facing such challenges in Austin, it’s vital to work with a knowledgeable Austin family law attorney who understands both the legal system and your unique needs.
Whether you’re initiating a divorce or fighting for custody, understanding Texas family law is essential to protecting your rights. The emotional and financial stakes are high, and having reliable legal support can make all the difference.
At the Law Office of Ben Carrasco, PLLC, we help clients navigate complex family law issues with tailored legal strategies. From high-net-worth divorces to contested child custody and protective orders, we guide you through each stage of the legal process, empowering you to make informed decisions while fighting for your best outcome.
Experienced Austin Divorce Attorney for Complex Cases
Navigating a divorce can be overwhelming. As an experienced Austin divorce lawyer, Ben Carrasco provides smart, aggressive representation from start to finish. Whether your case involves a no-fault or fault-based divorce, Ben Carrasco offers flexible strategies tailored to Texas laws and your specific circumstances.
Texas Law requires one party to have lived in the state for at least six months and 90 days in the country before filing. I’ll help you meet these requirements and handle every legal detail.
Types Of Cases We Handle
Our Practice Areas
Family
Law
Most matters taken up in family legal proceedings are complicated and emotionally charged.
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.
Child
Custody
Navigating a child custody dispute is one of the most emotionally charged and legally complex challenges a parent can face.
Child
Support
When parents separate or divorce, securing a child’s financial stability becomes a central legal obligation.
Marital
Agreements
Prenuptial and postnuptial agreements outline asset division and financial rights, protecting both spouses. These legal contracts ensure clarity, security, and fairness in marriage or potential separation.
Alimony in Texas – What You Need to Know
In Texas, spousal maintenance, or what most laypeople think of as alimony, is awarded under specific 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.
Property Division in an Austin Divorce
Texas is a community property state with unique rules governing asset division in a divorce. In a community property framework, all marital 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.
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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.
Frequently Asked Questions
At Law Office of Ben Carrasco, PLLC, we recommend that our Austin clients ask
themselves the following questions as they start the divorce process:
Work With an Experienced Austin
Family Law Strategies Tailored
to Your Needs
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.
Modification Requests
A change in life circumstance, like a new job or relocation, or a change in a child’s circumstances, like age or a preference to live with the other parent, 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. This helps preserve relationships and often leads to more favorable outcomes.
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What
Our Clients Are Saying
We have over 85+ Five Star Reviews from satisfied
clients across Austin and beyond.
Ben Carrasco is one of the best attorneys in Central Texas. He's honest, ethical and resolved a complex case for me, with a winning outcome. He responds very quick (which is unusual for attorneys). He doesn't leave any issue hanging, at times he sent replies at 11pm (I don't think he ever sleeps). He brilliantly litigated in a court hearing…
Marie L.
Divorce is never easy, and mine was particularly nasty. I can unequivocally say that hiring Ben was the best decision I made throughout the process. Ben is an extremely intelligent, honest, and efficient attorney. He takes the time to explain everything, and his response time to emails and phone calls is absolutely stellar. I don't want to set expectations high-…
Nachi S.
Protecting Parental Rights in
Custody Disputes
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.
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
Serving Austin & Surrounding Areas
Austin
Trying cases in Austin and Travis County is our bread and butter. We know the courthouse and we know the judges in Travis County. From Tarrytown to Lakeway, Cedar Park, Pflugerville, and Circle C, we represent families throughout the Austin area.
Williamson County
We routinely litigate family law cases in Williamson County (“Wilco”). The culture, rules, and judges in Wilco are very different than those in Travis. We know these nuances and are well-equipped to provide the seasoned representation you need.
West Lake Hills
With our office located off 360 in West Lake, we are easily accessible to families needing family law support in the West Lake area. Our firm routinely represents West Lake families going through divorce and child custody disputes and is well-equipped to handle the unique needs faced by high-net-worth couples.
Hays County
Hays County is one of the fastest-growing counties in Texas. As a result, we are seeing an increase in divorce and custody disputes in Hays County. There are unique challenges and rules associated with litigating in Hays. We know them and are ready to help.
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.
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Phone
Call Us Today
512-320-9126
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