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 West Virginia, a spouse seeking a divorce can file for a no-fault divorce on the grounds of irreconcilable differences, even if the other spouse is uncooperative and refuses to sign divorce papers. The refusal of one spouse to participate in the divorce process does not prevent the other spouse from obtaining a divorce. If the divorce is contested due to disagreements on key issues such as property division, spousal support, child custody, visitation, or child support, the court will intervene. The court will make decisions on these matters during a trial and will include them in the final divorce decree. The terms set forth in the divorce decree are legally binding and enforceable, regardless of whether the uncooperative spouse provided input.