Blog

Regaining Custody After Disavowing Children

Daniel Noffsinger - Monday, May 29, 2017

Once parental responsibilities are established, a change generally only occurs if there is a material change in circumstance with the children or the custodial parent or with the parents’ consent, and the proposed change is in the best interest of the children. Sometimes, a parent may disavow his or her children, disappear from their lives for a period of time, and then try to reestablish contact to become a parent once more at a later date. Many courts do not like this behavior because of the emotional impact and lasting effect the abandonment has on the children.  READ MORE...

Can I Afford to Divorce My Spouse?

Daniel Noffsinger - Wednesday, March 08, 2017

Individuals contemplating divorce often feel it is time to move on but are unable to do so because they may not be able to survive financially. Instead, these couples live separately but remain married, counting on the other party’s benevolence to protect and preserve marital assets. If the objection to the divorce is religion-based (i.e. your faith does not recognize a divorce) some couples feel this voluntary married-but-separated arrangement keeps them within the confines of their religion without addressing the elephant in the room. If money is a concern prior to filing for divorce, it will only grow if the parties separate without legal protections.
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What Can You Do if Your Spouse Takes an Extreme Position During Divorce or Family Law Proceedings: An Inspired Approach (Part 2)

Daniel Noffsinger - Wednesday, September 21, 2016

In our last post we explored strategies and tips on how to deal with an ex who takes an extreme position during divorce or family law proceedings. The first tip provided was to have realistic expectations. In this next installment, we will outline additional tips to help you navigate roadblocks to settlements in divorce and family law proceedings. If the parties cannot agree to a settlement of their disagreement among themselves or with their lawyers, the dispute will be decided by a judge in the divorce or family law proceeding. There are many court supported mediation programs available to litigants in Colorado. Consult a divorce or family law attorney for the options available in your situation. The analogy that I often use is that you and your ex can sit down and take things apart with a scalpel, as precise as you’d like; or, you can let the judge take an ax to it.  READ MORE...

What Can You Do if Your Spouse Takes an Extreme Position During Divorce or Family Law Proceedings: An Inspired Approach (Part 1)

Daniel Noffsinger - Wednesday, September 21, 2016

The first known use of the phrase shuttle diplomacy was in 1974. In that year, then U.S. Secretary of State Henry Kissinger was busy traveling back and forth among Middle Eastern nations, in an effort to help the nation states solve their disputes. Unable or unwilling to communicate with each other, the nation states relied on Kissinger to state each side’s position to the other side. Despite his attempts Kissinger, was unable to broker a lasting solution to the problems the nation states had with each other.  READ MORE...

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...

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...

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...