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 North Carolina, a spouse seeking a divorce can proceed even if the other spouse is uncooperative and refuses to sign divorce papers. North Carolina is a no-fault divorce state, which means that a divorce can be granted based on the ground of having lived separate and apart for at least one year, without the need to prove wrongdoing by either party. If one spouse refuses to participate in the divorce process, the divorce will become contested. The court will then decide on the key issues such as property division, alimony, child custody, and child support during a trial. The uncooperative spouse's lack of participation does not prevent the court from making these decisions, and once the court issues a divorce decree, the terms are legally binding for both parties. It is important for the spouse seeking the divorce to follow the proper legal procedures, which may include serving the divorce complaint on the other spouse and moving forward with the case even in the absence of the other spouse's cooperation.