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 Mississippi, a spouse seeking a divorce can file for a no-fault divorce on the grounds of irreconcilable differences, even if the other spouse is uncooperative and refuses to sign divorce papers. Mississippi law allows for a divorce to proceed as a contested divorce in such cases. If the spouses cannot agree on key issues such as property division, alimony (spousal support), child custody, visitation, and child support, the court will decide these matters during a trial. The court's decisions on these issues will be included in the final divorce decree. Once the decree is issued, the terms become legally binding and enforceable, regardless of whether the uncooperative spouse participated in the process or not. It is important to note that while one spouse's refusal to sign papers cannot prevent a divorce from being finalized, it can make the process longer and more complex.