BLACKOWL LAW
A PROFESSIONAL CORPORATION
FAMILY LAW · CALIFORNIA

Understanding your family law matter.

Plain-language answers to the questions clients ask most — so you walk into your consultation informed, not overwhelmed.

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Deeper reading on the questions
clients ask us most.

CUSTODY

Custody, in practice

When joint legal custody stops working, and the three habits of parents who win custody cases.

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AFTER A HEARING

When the ruling goes against you

Why it felt decided before you spoke, what you can actually do about the judge, and how to build for the next hearing.

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COMMUNITY PROPERTY

Half the equity in my house?

Community property, the Moore/Marsden formula for a home you owned first, and what changing the title really does.

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COMMON QUESTIONS

Asked at almost every consultation.

How long will my divorce take?+

Six months is the legal minimum. An uncontested case with full agreement can finalize right at that mark; contested custody or complex assets can take a year or more. Preparation and reasonableness shorten timelines more than anything else.

Will I have to go to court?+

Not necessarily. Many cases settle through negotiation or mediation. But when court is needed, you want an attorney who is already trial-ready — settlements are better when the other side knows you can win at trial.

Can I move away with my kids?+

Move-away cases are among the hardest in family law. The answer depends on your custody orders, the reason for the move, and its impact on the other parent's relationship. Talk to an attorney before you make plans — not after.

Should I stay off social media?+

Mostly, yes. Posts, photos, and even "private" messages are discoverable and routinely become evidence in custody and support disputes. When in doubt: don't post it.

How is child support calculated?+

California uses a statewide guideline formula based primarily on each parent's income and how much time the child spends with each of you. Add-ons like childcare, health insurance, and uninsured medical costs are shared on top. Support can be modified whenever income or timeshare meaningfully changes.

How does spousal support work?+

Temporary support keeps the household stable while the case is pending. Long-term support depends on factors like the length of the marriage, each spouse's earning capacity, and the marital standard of living. For marriages under ten years, support generally lasts about half the length of the marriage; longer marriages have no automatic end date.

What's the difference between legal and physical custody?+

Legal custody is the right to make major decisions about your child's schooling, health care, and welfare — often shared jointly. Physical custody is where your child actually lives day to day. You can share one without sharing the other, and the parenting schedule matters more in practice than the labels.

Can I still get spousal support if my ex got a restraining order against me?+

It's an uphill fight. When there's a finding of domestic violence against you — including a DVRO — California law creates a presumption against awarding you spousal support. A criminal conviction for domestic violence against your spouse within five years makes that presumption very hard to overcome, and for certain violent felonies the bar is absolute. In some cases it can be rebutted with compelling evidence, so the facts matter — talk to an attorney before assuming the answer either way.

What should I bring to a consultation?+

Any court papers you've received, a rough list of assets and debts, recent pay stubs or tax returns, and your questions. Don't worry about having everything — the first conversation is about your goals, not your paperwork.

EVERY CASE IS DIFFERENT

Get answers about your situation.

This page is general information — a consultation is where it becomes advice. We'll review the specific facts of your case and build a step-by-step strategy toward your goal. You'll leave understanding your case and your options — whether or not you hire the firm.

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