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 Delaware, as in all states, a spouse is entitled to obtain a divorce on no-fault grounds, such as irreconcilable differences, even if the other spouse is uncooperative and refuses to sign divorce papers. Delaware law allows for a divorce to proceed as contested if one spouse does not agree to the terms or refuses to participate in the process. In such cases, the court will make decisions regarding the division of property, alimony (spousal support), child custody and visitation, and child support during a trial. These decisions are then included in the final divorce decree. The uncooperative spouse's lack of participation will not prevent the court from finalizing the divorce, and once the court has made its determinations, they become legally binding obligations on both parties.