Sometimes only one of the two spouses wants a divorce and the other spouse will be uncooperative and refuse to sign any papers related to the divorce. But spouses in all states are entitled to a divorce on no-fault grounds—irreconcilable differences or incompatibility, making the marriage unsustainable—and one spouse’s refusal to sign divorce papers (e.g., waiver of service of process, marriage settlement agreement, mediated settlement agreement, or divorce decree) will not stop the other spouse from finalizing the divorce.

In such a situation the divorce will be contested rather than uncontested, and if the spouses are not able to agree on important elements related to the dissolution of their marriage—division of property, spousal support, child custody and visitation, child support—the court will make those determinations at trial and include them in divorce decree without input from the uncooperative spouse, if necessary. Once these determinations are included in the divorce decree they become legally enforceable obligations for both former spouses.

In Hawaii, a spouse seeking a divorce can proceed even if the other spouse is uncooperative and refuses to sign divorce papers. Hawaii allows for no-fault divorce on the grounds of irreconcilable differences, which means that the marriage is deemed irretrievably broken and cannot be fixed. This allows a divorce to be granted without the consent of the other spouse. If the divorce is contested due to disagreements on key issues such as property division, spousal support, child custody, visitation, or child support, the court will make decisions on these matters during a trial. The court's decisions will be included in the final divorce decree, which then becomes legally binding for both parties, regardless of the uncooperative spouse's participation. The refusal of one spouse to sign documents will not prevent the divorce from being finalized, and the court will ensure that the divorce process can be completed.