A dissolution of marriage can proceed, under specific legal circumstances, even when one party is unwilling or unable to sign the divorce papers. This typically occurs when one spouse cannot be located, refuses to participate in the divorce proceedings, or is incapacitated. For example, if a spouse has abandoned the marital home and their whereabouts are unknown despite diligent efforts to find them, a judge may grant a divorce without their signature.
The significance of this legal avenue lies in its ability to prevent one spouse from being indefinitely trapped in a marriage against their will, especially in situations involving abandonment, abuse, or mental incapacity. Historically, obtaining a divorce required the full cooperation of both parties, leaving individuals in difficult or dangerous situations without recourse. This process ensures that individuals are not held hostage by an uncooperative or absent spouse and allows them to move forward with their lives.