During an uncontested divorce, both you and your spouse are in full agreement on the division of assets and any other factors relevant to your divorce. These divorces are often easier, more affordable, and faster to complete, and many couples can complete them without issue. 

But what happens if you and your spouse start to disagree in the middle of your divorce? While you’ll still want to work with your New Jersey divorce lawyer to navigate the process, you and your spouse have a few options. 

You Can Try to Talk It Out 

Divorce can cause emotions to run high, and the more you start negotiating and dividing up property, the more emotional things can get between you and your spouse. If you’re finding conversations difficult to manage on your own but still want to proceed with an uncontested divorce as planned, you may be able to talk things through with the help of a neutral third party. 

This can be a trained mediator, your attorney, or a trusted therapist. With their help, you may be able to regain a sense of stability and cooperation and resume negotiations in a calm and productive manner.

You Can Switch to a Contested Divorce

If mediation isn’t enough to help you resolve the issues at hand, you may want to change to a different type of divorce. When you file for an uncontested divorce in New Jersey, you’re not required to complete the divorce in an uncontested manner. You’re free to switch to a traditional or contested divorce at any time.

Once you switch, you and your spouse agree that you need the court’s help to divide up property and reach agreements. Of course, contested divorces can take longer to complete, but you won’t have to communicate directly with your spouse. 

How to Tell if Switching Is Right for You

Ultimately, making the decision to switch from a contested divorce to an uncontested divorce is a personal one and depends on the circumstances surrounding your relationship with your spouse. If you’re bickering but are confident that you can still reach agreements that are fair to both of you, continuing with the uncontested divorce is likely the best option.

However, if it feels like every conversation you have devolves into an argument and you’re uncomfortable with the thought of trying to divide your assets on your own, switching may be a better choice. 

If you decide to make the switch to a contested divorce, let your New Jersey divorce lawyer know as soon as possible. The sooner you can inform them of the situation, the faster they’ll be able to file the required paperwork and make the necessary changes so your case can keep moving forward.

Start the Filing Process Today

Going through a divorce is never easy. While uncontested divorces can help you avoid time-consuming court hearings, they’re not the right fit for every couple. At Carvajal Law, our team is here to help you and your spouse reach fair and equitable agreements, whether you’re filing a contested or uncontested divorce. Contact us today to schedule a free consultation.

Skip to content