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 Pennsylvania, a spouse can still obtain a divorce even if the other spouse is uncooperative and refuses to sign divorce papers. Pennsylvania allows for no-fault divorce on the grounds of irretrievable breakdown of the marriage, which means that the marriage is irreparably damaged and reconciliation is not possible. If one spouse does not consent to the divorce, the court may require a separation period of up to two years before granting the divorce. When a divorce is contested due to disagreements on issues such as property division, spousal support, child custody, and child support, the court will make decisions on these matters during a trial. The court's decisions are then included in the final divorce decree, which becomes a legally enforceable obligation for both parties. An uncooperative spouse's refusal to participate does not prevent the court from finalizing the divorce and making necessary determinations regarding the dissolution of the marriage.