For generations, the general view of divorce was that it was a bitter, acrimonious affair in which both spouses fought each other in courts for every scrap of property and every penny possible. Because of tough divorce laws in most of the large states at the time, a divorcing spouse would often have to go to Nevada long enough to establish residency in order to initiate and finish the divorce process. Divorce was rare at the time, and virtually all divorces involved legal battles over alimony, child custody, child support, and property division. These divorces are known as “contested divorces” because the spouses cannot agree to terms on their own and are forced to rely on the courts.

Today, most marriage dissolutions are uncontested, meaning that the spouses are able to agree to the terms of the dissolution without bringing it in front of a court. As many as 95% of divorces in the United States are uncontested. This does not mean that the divorcing couples do not need legal representation, but rather that they and their lawyers are able to agree to the terms of the divorce before the need of courts.

However, that leaves approximately 5% of divorces that are contested. If you and your spouse cannot agree to terms, it may be important to know the general steps you may have to take, such as:

· Either you or your spouse must initiate the process by officially filing for divorce.

· The person petitioning for the dissolution of the marriage must serve his or her spouse with the papers and notification through a third party, often either a sheriff or through the mail.

· Up to this point, the divorce may be either contested or uncontested. Only if the second spouse (called the Respondent) contests the divorce is it considered contested. A respondent has 30 days from receiving the papers to respond to them.

· At this point, it may be a good idea to consider engaging the services of lawyers. While you may not need them, a lawyer can go a long way to representing your needs and securing you the most beneficial terms possible.

Contested divorces, by their nature, can be very difficult, and you may have many questions about the process. To learn more about the many aspects of the divorce process, please visit the website of the San Jose divorce attorneys of Daniel Jensen today.