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 Maryland, if one spouse wants a divorce but the other is uncooperative and refuses to sign any divorce-related documents, the divorce can still proceed. Maryland recognizes no-fault divorce grounds, such as a 12-month continuous separation or irreconcilable differences, which means that the consent of the other spouse is not required to obtain a divorce. When a spouse refuses to participate, the divorce becomes contested. The court will then decide on key issues such as property division, alimony, child custody, visitation, and child support during the trial. The court's decisions are made in the best interests of the children and equitable fairness to both parties. These decisions are 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 process for a contested divorce is typically more complex and time-consuming than an uncontested divorce.