Mary Fran Quindlen

Mary Fran Quindlen holds two bachelor’s degrees in History and English from Rutgers University. She received her law degree from the University of South Carolina in 1998, where she was a member of Women in Law and the Phi Alpha Delta Fraternity.

Following her admission to the South Carolina Bar, Mary Fran practiced as a Marine Corps Judge Advocate serving as a Legal Assistance Attorney and Defense Counsel. She continued to serve in the United States Marine Corps Reserve until May of 2006 when she resigned her commission as a Major.

After her release from active duty in 2002, Mary Fran became an Associate at Harvey & Battey, P.A. in Beaufort, South Carolina. She worked as their family law practitioner until 2005 when she opened her own practice in Beaufort. Mary Fran’s practice is concentrated in the areas of Military and Family Law, to include custody, visitation and divorce.

Mary Fran is a member of the South Carolina Family Bar Inn of Courts, a Fellow in the American Academy of Matrimonial Lawyers and a Fellow in the International Academy of Family Lawyers. She serves on the South Carolina Bar’s Board of Governors, the South Carolina Bar’s Fee Dispute Resolution Board, and is the Chair to the South Carolina Family Law Council. Mary Fran has been qualified as an expert in South Carolina Family Courts regarding military matters related to divorce and she teaches military family law CLE’s around the country.

• Division of Pensions and Retirement Accounts for America’s 3 Million Federal Employees

  
  

  The federal government employs 3 million people both in and out of the United States, in a variety of jobs. These employees are often entitled to participate in a defined benefit retirement plan and these plans are varied. In this presentation, our speaker will walk us through the important nuances associated with the division of these plans in a divorce, including those relating to the Office of Personnel Management (OPM), the Defense Finance Accounting Service (DFAS), and a smattering of questions relating to personnel policies.

• Uniform Laws on Land and Sea

  
  

  Our presenters will speak on the application of U.S. Uniform Laws, from the Abandoned Property Act to the Wills Recognition Act. The speakers will discuss key acts that may apply at home, abroad or at sea. They will also address the Uniform Law Commission and its role in the creation and passage of Uniform Laws.

• Ripped from the Headlines: Legal Ethics in the News

  
  

  Listen in as our speakers delve into the biggest ethical issues in the news from the last decade. Topics such as lawyers accused of scandalous misconduct or charged with serious crimes are becoming more common in today’s climate. With each case, the landscape of legal ethics evolves. Through discussion, our presenters guide the conversation of how these issues have shaped legal practice and the field of law as a whole.

• Military Family Law Basic Considerations: Pre-Filing Considerations

  
  

  Understand a glossary of terms for the basic military acronyms that translates this foreign language. We’ll focus on the different Support Guidelines applicable to the individual branches of service and address the basic benefits dependents continue to be eligible to receive after a separation, but prior to the issuance of a Final Order. We will discuss TRICARE coverage pending the Final Divorce and how to calculate the income of the servicemember, including BAH, BAS, Special Pay and who receives it.

• Federal v. State: Jurisdiction Issues and Service of Process on Military Members

  
  

  The Servicemembers’ Civil Relief Act (“SCRA”) has implications for service of process as well as jurisdictional issues with service on base. We’ll determine how to go about locating either party for service and will cover certain Hague Convention considerations regarding service and jurisdiction. Jurisdiction over the military servicemember’s military retirement will also be addressed.

• Military Family Law Ethical Considerations: Should You Have Taken the Case

  
  

  There are ethical considerations when taking a military family law case when you are not familiar with the Uniform Former Spouses Protection Act (USFSPA). Do you know what the 10 Year Rule really is and the benefits of a 20-20-20 spouse versus a 20-20-15 spouse? There are factors counsel should consider when payment is made directly from DFAS versus paid directly to the spouse, such as, whether or not you are qualified to provide tax advice. You’ll learn how to address allegations of abuse or adultery against the servicemember and the ethical considerations of raising or not raising these factors.

• The Use of DNA Forensics in Sexual Abuse Allegations for Criminal and Family Court Cases

  
  

  This section will cover the basic science of DNA, how DNA collection and testing is done by law enforcement agencies and laboratories, and how DNA results can be used in any case involving an allegation of sexual misconduct. The presentation will cover the different ways that DNA is analyzed, including the use of probabilistic genotyping software, and what DNA testing results actually mean. This presentation will also cover the flaws and limitations of DNA testing and probabilistic genotyping and how to challenge the results of DNA testing like an expert.

• Getting the Info You Need in Military and Family Law Cases Through the Freedom of Information Act

  
  

  Presented in this session are the three basic phases of FOIA: the request, the administrative appeal, and the judicial review, with special emphasis on family law and military/ veterans matters. Information is crucial to the successful attorney. Without quality information, we’re often adrift. The Freedom of Information Act (FOIA) is increasingly used by attorneys to obtain the records that help lawyers win cases or assist clients in navigating complex negotiations. Making a good request is crucial and you’ll learn the ins and outs of a good request. We’ll learn more about getting the request fulfilled prior to a “final agency decision,” go over the administrative appeal and how to get the agency to reverse its prior decision., and go into major aspects of the third phase of FOIA, the judicial review.

  After those basics, we’ll delve into the tested techniques for how to get the records you’re seeking faster, with less expense and how to avoid the traps — and there are many — in getting the records.

• Legacy Retirement vs. Blended Retirement System (BRS): What and Why Do You Need to Know the Differences

  
  

  There are detailed differences between these two retirement systems and which servicemembers are eligible for each type of retirement. We will examine TSP as a marital asset, military retirement as a marital asset, VA income considerations, and Survivor Benefit Plan (SBP) considerations. MyPay access, TSP.gov access, High-3 pay calculations, SBP premium calculations, and other financial issues will also be covered.

• Litigating the Military Retirement as an Asset and Drafting Considerations for the Final Order (When to Call for Help)

  
  

  This section will cover McCarty v. McCarty, Mansell v. Mansell, and Howell v. Howell. There is model language provided by DFAS for Orders that require direct payment to a spouse of their retirement pay as well as garnishment for alimony and/or child support. We’ll address VA benefits and pay and indemnification clauses as well as address enforcement provisions when payment is made directly to the spouse and SBP language, Post 9/11 GI Bill language and SGLI/VGLI.