Blog

What Happens to Military Benefits After Divorce?

Daniel Noffsinger - Wednesday, September 21, 2016

The military attracts many young people and provides them with a number of incentives to marry. Like their civilian counterparts, military married couples share and enjoy health insurance and retirement benefits during the life of a marriage and are subject to division when the couple divorces. According to familystudies.org, the military is still characterized by high and early marriage rates due to both institutional pressure and support. Non-military ex-spouses receive the most continued benefits after divorce if they qualify for 20/20/20 benefits or 20/20/15 benefits. However, the elements to qualify are rigid and specific.  READ MORE...

Maintaining Electronic Privacy During Divorce or Separation

Daniel Noffsinger - Wednesday, September 21, 2016

As tempting as it may seem, electronic spousal spying during the pendency of a divorce or separation proceeding is fraught with landmines. It is best to avoid the behavior because the consequences of being caught electronically spying on your spouse is not worth the hassle. Keep in mind that if you are involved in divorce or separation proceedings, financial disclosure rules provide you with legal access to any and all electronic files and data maintained or used by your spouse, in support of your position in the underlying matrimonial action. Even if you suspect your spouse of hiding or destroying electronic evidence, the Court will most often assist you in obtaining the information through legal channels.  READ MORE...

Recent Developments with Juveniles in Criminal Law Proceedings

Daniel Noffsinger - Wednesday, September 21, 2016

Under Colorado law, a person under the age of 18 is considered a juvenile when charged with a crime. The juvenile criminal defendant appears in juvenile court. Colorado’s Juvenile Court has jurisdiction over juveniles over the age of 10 up to 17 years of age. At 12, a Colorado juvenile is eligible to be tried and sentenced as an adult if the child is accused of committing a class 1 or 2 felony or crime of violence. The proceeding is then transferred, or if the criminal defendant is 16, direct filed with the District Court. In the last year there have been a number of developments with respect to juveniles in criminal law proceedings. The following post will review the most significant of the developments.  READ MORE...

Criminal Liability for Transmitting HIV in Colorado

Daniel Noffsinger - Monday, May 23, 2016

Warning: This post contains language and sexual references which some may find unsuitable.   READ MORE...

Divorced Parents and Children’s Medical Treatment

Daniel Noffsinger - Wednesday, May 11, 2016

One of the most difficult decisions a parent is faced with is determining the medical care and treatment of a sick child. The decision is even more difficult when parents are not in agreement with the appropriate care or treatment of the sick child. There is generally no dispute when a child needs emergency medical care and treatment. Any parent, whether custodial or non- custodial, with or without sole custody or with joint custody, can make emergency medical care and treatment decisions for the child and the other parent has little to no role in making that decision because of the emergency nature of the incident.  READ MORE...

Interplay Between Religion and Divorce

Daniel Noffsinger - Wednesday, May 04, 2016

Before Carrie Bradshaw there was Helen Rowland. Rowland, a journalist at the top of the twentieth century, wrote a column in the New York World captioned Reflections of a Bachelor Girl. Rowland’s observations on the relief or lack of it in divorce are quite poignant. She writes, “When two people decide to get a divorce, it isn’t a sign that ‘they don’t understand’ one another, but a sign that they have, at last begun to.” She adds, “Nowadays love is a matter of chance, matrimony a matter of money, and divorce a matter of course.”  READ MORE...

Police Questioning of Minors and Adolescents

Daniel Noffsinger - Monday, May 02, 2016

I am often asked by friends and family about police questioning minors or adolescents. As more crimes committed by younger people are being exposed by the media and Hollywood, I find that there is a great deal of confusion regarding the role of the police and parents in the investigation and interrogation of criminal activity. While highly entertaining, the Internet, Wikipedia, Facebook and television crime shows do not adequately present the constitutional rights of minors or adolescents. So, a review of the law and its protections is necessary. As with all Internet postings, nothing in this blog should be construed as legal advice. Every situation is unique. Contact an experienced criminal attorney to discuss the specifics of your child or adolescent’s case.  READ MORE...

Attention Volkswagen Owners: Consumer Alert from the Noffsinger Law Firm

Daniel Noffsinger - Sunday, May 01, 2016

In 1908 the most common modes of transportation were trains and ships. Many public spaces were built to accommodate the passage of people – like the Atchison, Topeka, and Santa Fe Depot in Colorado Springs. Many of these train stations closed and were demolished. The remaining train stations and depots were preserved as museums and designated as landmarks or historical places.  READ MORE...

How Social Media Will Ruin Your Case

Daniel Noffsinger - Monday, February 29, 2016

Social media apps or websites permit users to create and share content (words, images, or videos) with friends and family or the public at large. By total number of users, Facebook is one of the most popular of such websites. Others include Twitter, LinkedIn, Pinterest, YouTube, Foursquare, Instagram, and Reddit. These apps and websites enable their users to share personal pictures or videos, thoughts, and employment history through posts. Commonly used in the college admission process and during employment hiring decisions, social media apps or websites are also being routinely used in litigation of all kinds. Insurance companies, opposing parties, and defense attorneys turn to a social media accounts to limit, discredit, or deny all sorts of testimony or claims.  READ MORE...

Understanding Protective Orders in Domestic Violence Situations

Daniel Noffsinger - Monday, February 29, 2016

One of the most challenging aspects of living with domestic violence is understanding your legal options particularly when you are married to your abuser or share children with your abuser. If you are a victim or survivor of domestic violence it is likely that you have never reported the domestic violence incidents you have experienced to anyone. When you do report domestic violence incidents, one of the tools provided to you by the legal system is a protective order. The harsh reality is that no one can protect you or your children from harm if your partner or ex- partner tries to hurt you. You must have a safety plan to protect yourself and your children. One of the components of your safety plan needs to be a protective order.  READ MORE...