Palm Springs Law Blog

Property division can be among the most contentious aspects of divorce, whether you have children or not. However, even if you don’t have to worry about child support and costs in your divorce, you will still need to sort out who is responsible for paying off debts and how your real and personal marital property will be divided. Understanding how property is divided in a divorce without children in California can help you navigate the process more smoothly. 

Divorcing Couples without Children Frequently Disagree About Property Division

When a couple divorces without children, they do not have to address child support and custody matters, potentially saving them time and money. However, they will still need to address spousal support and the Read more . . .

Pursuing a divorce without children can be less complicated in some ways because there is no need to address child support and custody issues. However, one spouse may still be required to pay alimony or spousal support to the other spouse. It is possible to avoid paying alimony in a California divorce without children, but it depends on the circumstances.
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As couples navigate their relationship, it’s common to consider ways to protect their assets and ensure financial security. For many, this leads to questions about prenuptial (prenup) and postnuptial (postnup) agreements—contracts designed to outline each person’s financial rights and obligations. While both are legal tools for managing financial matters within marriage, prenups and postnups differ in timing, focus, and circumstances for their creation. Understanding these differences can help couples make informed decisions about which option, if any, fits their unique needs.

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As loved ones age, their ability to manage financial and legal affairs may diminish, making them vulnerable to mismanagement or exploitation. For many families, ensuring their aging relatives are cared for physically and financially becomes a pressing concern. This is where fiduciary services and elder law play a crucial role.

Elder law is a specific area of legal practice that addresses the unique challenges aging individuals face, including estate planning, healthcare decisions, and financial management. On the other hand, fiduciary services provide professional oversight of financial and legal matters to protect the interests of those who can no longer manage these responsibilities on their own.
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For solo agers–those aging without a spouse, partner, or children–planning for the future requires careful consideration, especially when managing financial and medical decisions. One of the most important steps in this process is designating a power of attorney (POA). A POA allows someone you trust to make decisions on your behalf if you become incapacitated. 

However, for solo agers, the question of who should take on this significant responsibility can be challenging. In this blog, Read more . . .

As a solo ager, planning for the future can be daunting, especially when it comes to ensuring that your wishes are carried out after you're gone. Solo agers, or aging individuals without a spouse, partner, or children, face unique challenges in estate planning. Choosing the right executor for your estate is one of your most important decisions. This person will be responsible for managing your affairs after you pass away, and their role is crucial in making sure that your assets are distributed according to your wishes.

In this blog, Read more . . .

Do you have all the information you need to handle the role of caregiver effectively? Talking with a loved one about their wishes is important, but without the proper documentation, you may not have a legal leg to stand on if they should become incapacitated. This caregiver’s legal checklist will help. 

Building a Caregiver’s Checklist

Some essential documents are legally binding while others, like burial plans, might be more flexible. Include the following items in your caregiver’s checklist and you’ll be prepared to handle almost every contingency. 

A Current Will, Trust, or Estate Plan

Wills, trusts, and estate plans are separate documents that work together.
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Solo aging is nothing new. According to the U.S. Census, the number of people Read more . . .

You shouldn’t have to worry about safeguarding estate assets when you or a loved one needs long-term care — and with advanced planning, you don’t have to. Taking steps now can protect the funds you’ve worked hard for later, as well as help you pay for long-term care if it’s needed. 

With the help of a skilled estate planning attorney, you can develop strategies for asset protection with consideration for all future possibilities

5 Tips for Effective Asset Protection

The cost of long-term care is high.
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Unfortunately, many people end up dying or becoming incapacitated without legal wills to guide their families through a difficult time. Besides the emotional difficulty of estate planning, having a lack of resources to allocate is also a factor that stops many people from creating a will.

However, estate planning isn’t only for wealthy people.
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For individuals embarking on second or subsequent marriages, the prospect of protecting their estate and assets can be daunting. However, a re-married couple can find peace of mind by prioritizing asset protection. Keeping assets as separate property can safeguard them, ensuring that their children will inherit their assets in the event of divorce or death. 

Attorney Christopher Heritage has extensive experience helping individuals in second marriages protect their hard-earned assets and ensure they are distributed to their intended beneficiaries. He takes time to get to know his clients and understand their needs and goals while helping them make informed, strategic decisions related to estate planning and asset protection.