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 Ohio, a spouse seeking a divorce can proceed even if the other spouse is uncooperative and refuses to sign divorce papers. Ohio law allows for no-fault divorce on grounds of incompatibility or living separate and apart without cohabitation for one year. If one spouse files for divorce and the other refuses to participate in the process, the divorce can still be finalized. This would result in a contested divorce, where the court will decide on key issues such as property division, spousal support, 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, they become legally binding on both parties, regardless of whether one spouse was uncooperative during the divorce proceedings.