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 Indiana, 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. Indiana law does not require the consent of both parties to grant a divorce. If one spouse refuses to participate in the process, the divorce can proceed as a contested case. The court will then decide on the key issues such as property division, spousal support, child custody and visitation, and child support during the trial. These decisions will be included in the final divorce decree and become legally binding obligations, regardless of the uncooperative spouse's lack of participation. It is important to note that the court will ensure due process is followed, which includes proper service of divorce papers and the opportunity for the uncooperative spouse to be heard, even if they choose not to engage in the process.