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 Utah, if one spouse wants a divorce but the other is uncooperative and refuses to sign divorce papers, the divorce can still proceed. Utah allows for no-fault divorce on the grounds of irreconcilable differences, meaning that the marriage is beyond repair and cannot be salvaged. The refusal of one spouse to sign the necessary documents does not prevent the other spouse from obtaining a divorce. In such cases, the divorce becomes contested, and the court may have to make decisions regarding the division of property, alimony (spousal support), child custody and visitation, and child support if the spouses cannot reach an agreement. These matters will be resolved during a trial, and the court's decisions will be included in the final divorce decree. The terms set forth in the divorce decree are legally binding and enforceable, even if one spouse did not participate in the process or agree to the terms.