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 Maine, a spouse is entitled to seek a divorce on no-fault grounds, which means that the marriage is irretrievably broken due to irreconcilable differences. If one spouse refuses to cooperate or sign divorce papers, the divorce can still proceed. The uncooperative behavior of one spouse will not prevent the other from obtaining a divorce. In such cases, the divorce becomes contested, and the court may have to make decisions regarding the division of property, alimony, child custody, visitation, and child support if the spouses cannot reach an agreement. These decisions are made during a trial and are included in the final divorce decree. Once the court has made these determinations and they are included in the divorce decree, they become legally binding and enforceable obligations for both parties.