"Equitably", by which we mean the court gets to decide what it thinks is fair. If the couple can agree on a division, the court is fairly likely to accept it as being fair unless it's patently not and the court believes that one of the parties has used coercion or deception to get the other to agree.
In my understanding of the term "minute order" the will would over-ride it. The only thing that could over-ride or alter a will would be the discovery of a codocil dated after the date of the will.
Just wait until you get out, or if she wants it too it'd be a whole lot easier for her to file for it since she's not stuck in jail. ADDED: I notice that your question doesn't mention that SHE wants a divorce from you. Although it would probably be easier for her to file for divorce in NC (if she even wants one) it IS possible for you to do it 'Pro Se' while in federal custody in SC (It's a little more difficult - But HEY, you've got nothing but time, right?). If she wishes to contest your request for divorce and if the two of you have any children it could really open a can of worms. If you have access to any legal aid while in prison see if you can get an appointment to talk with them. You aren't the first person to ever get divorced while in jail, so, it CAN be done.
Marital property must be divided during the divorce process. Generally, the divorce decree combines a statement or agreement by the parties that all issues between them have been resolved and neither has any future claim on the other. If one violates the terms of the divorce the other must return to that court and file a motion for contempt.If you have ongoing issues you should consult with an attorney who can review your situation, preferably the attorney who represented you in the divorce.Marital property must be divided during the divorce process. Generally, the divorce decree combines a statement or agreement by the parties that all issues between them have been resolved and neither has any future claim on the other. If one violates the terms of the divorce the other must return to that court and file a motion for contempt.If you have ongoing issues you should consult with an attorney who can review your situation, preferably the attorney who represented you in the divorce.Marital property must be divided during the divorce process. Generally, the divorce decree combines a statement or agreement by the parties that all issues between them have been resolved and neither has any future claim on the other. If one violates the terms of the divorce the other must return to that court and file a motion for contempt.If you have ongoing issues you should consult with an attorney who can review your situation, preferably the attorney who represented you in the divorce.Marital property must be divided during the divorce process. Generally, the divorce decree combines a statement or agreement by the parties that all issues between them have been resolved and neither has any future claim on the other. If one violates the terms of the divorce the other must return to that court and file a motion for contempt.If you have ongoing issues you should consult with an attorney who can review your situation, preferably the attorney who represented you in the divorce.
It is a Noun !
The separation was achieved with a sharp knife. Their separation had been an amiable one.
What a wife gets as a result of divorce depends on the assets you share. Additionally, assets obtained during the marriage needs to be divided.
NC is not a community property state. Assets would be divided in an equitable manner.
Your wife cannot contest the divorce itself; she can only contest the division of property and assets of the marriage. The divorce case cannot go on forever; there will be a trial and the assets will be divided fairly by the court.
In a divorce, stocks and assets acquired during the marriage are typically divided equitably between the spouses, following state laws and court decisions.
A property agreement between spouses is a legal document that outlines how assets and debts will be divided in the event of a divorce. It can impact the division of assets by specifying which assets are considered separate or marital property, and how they will be distributed between the spouses. This agreement can help clarify ownership rights and prevent disputes during the divorce process.
Assets that are typically exempt from divorce proceedings include inheritances, gifts, and assets owned before the marriage. These assets are considered separate property and may not be subject to division during a divorce.
A prenuptial agreement, or prenup, can provide benefits after the wedding by outlining how assets and debts will be divided in case of divorce. It can help protect individual assets, clarify financial expectations, and potentially save time and money in a divorce proceeding.
If you are going through a divorce and have assets that need to be divided and/or children, a dicorce attorney is definitely the answer. They will ensure that all assets are split ammicably and that proper custody arrangements are made.
In Georgia, divorce laws follow the principle of equitable distribution, which means that marital assets are divided fairly but not necessarily equally between spouses. Factors such as the length of the marriage, each spouse's financial contributions, and the needs of each party are considered in determining how assets are divided. It is important to note that separate property, such as assets acquired before the marriage or through inheritance, may not be subject to division.
You need a good lawyer to represent you in the divorce. The court will require a fair division of the marital assets. You will need to negotiate with your spouse to purchase their interest in the property. Otherwise the court will render a decision as to how the marital assets will be divided.
The division of assets in a divorce depends on many factors and its up to the judge in most cases if the parties don't agree.
SC allows for divorce on the grounds of "willful desertion for one year"