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In a divorce, most individuals expect to divide assets such as income, the house, vehicles, and even the children, but when they are told that they must split their retirement savings or pension plans with their former spouse, they are shocked. After all, you expected to split the past with your ex, but now you have to share a piece of your future with them, as well?

According to the Texas Family Code, retirement pension plans are considered a part of the marital income, and income is considered joint marital property. As such, any retirement savings you and your former spouse had accumulated during the marriage is divided between the two of you in a divorce, despite each party's contribution (or lack thereof) to the account.

How Much of Your Pension is Your Former Spouse Entitled to?

Fortunately, Texas does not force you to split your entire pension with your former spouse; you must only surrender half of what was accumulated during the duration of the marriage. In very rare instances, the court may grant one spouse interests in future retirement earnings if they feel that one spouse contributed more to the marriage than the other. Again though, this is a very rare occurrence.

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Typically, a psychological evaluation is only ordered when one or both parents makes a claim that the other is unfit to parent. The basis for such a request is usually to show the judge the weighty concerns regarding a parent's mental health and his or her ability to provide an emotionally stable environment for the child. The evaluation would be used to help the judge make an appropriate determination regarding custody. If you believe that your child's other parent is unfit to care for your child, your Dallas child custody lawyer may advise you to obtain a psych assessment. However, if you do choose this route, there are a few considerations you should make first, as the courts take such request seriously. If the judge learns that you only ordered an assessment to make the other parent look bad, it could work in the other parent's favor.

Considerations to Make Before Requesting a Psych Evaluation

Before you request an evaluation of your child's mom or dad, you need to consider the following:

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'You think of a doctor as God and that he's going to fix everything.' Those are the words spoken by Bernice Gomez, 63, who went into her surgery thinking that surgeon Dr. Sujeet Acharya and the team at Texas Oncology were going to remove the cancerous tumors on her adrenal glands and make everything better. Gomez was diagnosed with neuroendocrine carcinoma in the summer of 2016 and went in for her operation on November 14 of that same year. The surgery 'took longer than expected,' but according to the team, it was successful. In fact, according to sources close to Gomez, Acharya told the family that 'the adrenal gland and tumor were completely removed and that she was cancer free.' So, if that was the case, why was Bernice still in pain?

Surgery Gone Awry

Gomez said that after the surgery, she told the oncology team that she was in so much pain, she did not think she was going to make it. 'I was in so much pain, and I couldn't breathe,' she shared with CBSDFW. According to her, the pain was likely someone 'continually stabbing you.' After living with the excruciating pain for a few weeks, Gomez decided to get the second opinion of another doctor. It turns out that Gomez's tumors had not, in fact, been removed, as she had been told. However, nearly half of her pancreas had been and, as a result, pancreatic fluid was leaking into her body.

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Elevator accidents are not all that common, and most elevator injuries occur during the maintenance phase and not when passengers are actually in the cars. This is because elevator technology is so refined that elevators are one of the safest modes of transportation. However, just because elevator accidents do not occur all that often does not mean that they never occur. Occasionally, a poorly maintained or wrongly installed elevator will malfunction. When this happens, it typically results in serious injury to the passenger or passengers. Some such injuries include broken bones, head injuries, emotional trauma, and even debilitation. If you or a loved one was injured in an elevator accident in Dallas, and if you want to seek justice for your injuries, contact the elevator accident lawyers at Clark Law Group to learn more about your rights and how to win the compensation you deserve.

Determining Liability in Elevator Accidents

Determining legal liability in an elevator accident is not as simple as one might think. While most people would assume that the building owner is responsible for injuries, that is not always the case. After all, the building owner just houses the elevator; the elevator company and its maintenance crew are responsible for ensuring that it works properly. However, if the building owner refuses to invest in elevator maintenance, then he or she could be held liable.

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When people think of witnesses at trial, they generally think of witnesses in criminal law cases or even in personal injury cases. Most likely they do not think of witnesses in divorce cases; however, some divorce cases are so complex that they require substantial evidence before a judge can make a decision.

Witness testimony is one valuable form of evidence that a judge may need before he or she can make a final decision. When witness testimony is necessary, either one or both party's attorneys, or possibly the judge, might subpoena the person who holds the desired information.

Are you are going through a complex divorce case? You may experience the subpoenaing of a witness.

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