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 Montana, a spouse can obtain a divorce even if the other spouse is uncooperative and refuses to sign divorce papers. Montana law allows for no-fault divorce based on irreconcilable differences, which means that a divorce can be granted without the need to prove fault by either party. If one spouse refuses to participate in the divorce process, the divorce will be considered contested. The court will then decide on key issues such as property division, spousal support, child custody and visitation, and child support during a trial. The court's decisions on these matters will be included in the final divorce decree, which becomes a legally enforceable obligation for both parties. The uncooperative spouse's lack of participation will not prevent the divorce from being finalized, and the court will proceed without their input if necessary.