How to Split a Toaster: A Divorce Podcast About Saving Your Relationships

Charting a Course Through Military Divorce with Kristin Scully


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Navigating the Complexities of Military Divorce

In this week's episode of How to Split a Toaster, Pete is joined by a special guest, Kristin Scully, the newest member of NLG Family Law Group. With Seth on vacation, Kristin steps in to share her expertise on the intricacies of military divorce. As a family law attorney with over ten years of experience, Kristin has developed a niche in handling military divorce cases, addressing issues such as pension division, parenting plans, and jurisdictional challenges.

Pete and Kristin dive deep into the unique aspects of military divorce, discussing how factors like frequent relocation, deployments, and military benefits can complicate the process. They explore the misconceptions surrounding military pension division, the importance of understanding the service member's income structure, and the creative strategies for crafting parenting plans that accommodate the demands of military life.

Some questions we answer in this episode:

  • How is military pension divided in a divorce?
  • What challenges do military families face when creating parenting plans?
  • Can GI Bill benefits be divided in a military divorce?

Key Takeaways:

  • Military pension division is based on the length of the marriage overlapping with years of service, not just the total duration of the marriage.
  • Parenting plans for military families should include provisions for long-distance and local schedules to minimize the need for constant modifications.
  • Jurisdiction can be a complex issue in military divorces, especially when one spouse is stationed overseas.

Plus, we tackle another listener question! A listener asks about the difference between a social investigator and a Guardian Ad Litem (GAL) in the context of divorce proceedings. Pete and Kristin clarify the distinct roles and responsibilities of these professionals, helping listeners understand when and why each may be appointed in a divorce case.

This episode is a must-listen for anyone navigating the complexities of a military divorce. With Kristin's extensive knowledge and experience, listeners will gain valuable insights into the unique challenges and considerations involved in these cases. Whether you're a service member, a spouse, or a legal professional, this episode will provide you with the information and strategies you need to approach a military divorce with confidence and clarity.

Links & Notes

  • Check out Kristin’s page
  • Schedule a consult with Seth
  • Got a question you want to ask on the show? Click here!
  • (00:00) - Welcome to How to Split a Toaster
  • (00:30) - Kristin Scully and Military Divorce
  • (01:14) - Kristin’s Background
  • (02:02) - Challenges in Military Divorce
  • (03:07) - Military Pension
  • (04:38) - Other Misconceptions
  • (05:40) - Who Pays Pension?
  • (07:23) - Alimony
  • (08:57) - Thrift Savings Plan
  • (09:53) - Calculating Service Member’s Income
  • (12:23) - Parenting Plans
  • (14:33) - When Parents Can’t Work Together
  • (15:51) - Navigating Constant Change and Conflict
  • (17:31) - Court’s Perspective
  • (18:38) - GI Bill
  • (20:23) - Common Mistakes
  • (23:45) - Overseas Courts
  • (25:14) - Listener Question
  • (29:52) - Survivor Benefit Plan
  • (33:38) - Language in Final Judgment
  • (34:24) - Wrap Up
  • ...more
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