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 Georgia, if one spouse wants a divorce but the other is uncooperative and refuses to sign any divorce-related documents, the divorce can still proceed. Georgia allows for no-fault divorce on the grounds of irreconcilable differences, meaning that the marriage is considered irretrievably broken with no hope for reconciliation. An uncooperative spouse cannot prevent the divorce from happening. If the divorce is contested due to disagreements on key issues such as property division, alimony, child custody, and child support, the court will decide on these matters. The court's decisions will be included in the final divorce decree, which is a legally binding document. Once the decree is issued, both parties are obligated to comply with its terms, regardless of whether one spouse was uncooperative during the process.