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 New York, a spouse seeking a divorce can file for a no-fault divorce on the grounds of irretrievable breakdown of the marriage for at least six months. If one spouse refuses to cooperate or sign divorce papers, the divorce can still proceed. The uncooperative spouse's refusal to participate does not prevent the court from granting the divorce. The process will shift from an uncontested to a contested divorce, which may involve a trial if the spouses cannot agree on key issues such as property division, spousal support, child custody, visitation, and child support. The court will make decisions on these matters and include them in the final divorce decree. Once the decree is issued, the terms become legally binding and enforceable, regardless of the uncooperative spouse's previous refusal to engage in the process.