Yes, even if you and your spouse choose mediation, New York law still requires you to plead statutory grounds for divorce. Since 2010, the no-fault ground under Domestic Relations Law (DRL) § 170(7) has been available to spouses who meet New York’s residency requirements, so grounds are rarely an obstacle. But mediation resolves how your marriage ends, covering property division, support, and custody, not whether a court can legally dissolve it.
At The Law Office of Ryan Besinque, Manhattan divorce mediation attorney Ryan Besinque helps couples in Manhattan and throughout New York City handle mediation-assisted and uncontested divorces from the mediation table through final court filing. Our team makes sure your agreement meets every requirement for filing in the Manhattan Supreme Court.
This guide explains what DRL § 170 requires and how no-fault grounds work alongside mediation. It also covers the paperwork you need to file after mediation and how a Manhattan divorce attorney can help you finalize everything correctly.
If you need help finalizing your mediated divorce and ensuring your paperwork complies with DRL § 170, The Law Office of Ryan Besinque can guide you through every step. Call (929) 251-4477 to schedule a consultation and move forward with confidence.
What Does DRL § 170 Actually Require for Divorce?
Under DRL § 170, every divorce action must allege at least one statutory ground in the pleadings. Grounds are a threshold legal requirement that establishes the court’s authority to dissolve the marriage. They are not a negotiating point, and mediation does not eliminate the need to assert them.
New York recognizes seven grounds for divorce. Six are fault-based and have existed in various forms since the 1960s. The seventh, irretrievable breakdown, was added in 2010 when New York became the last state in the country to adopt a true no-fault option.
| Ground | DRL § 170 Subsection | Key Requirement |
|---|---|---|
| Irretrievable Breakdown (No-Fault) | § 170(7) | Relationship broken down for 6 months or more |
| Cruel and Inhuman Treatment | § 170(1) | Conduct endangering physical or mental well-being |
| Abandonment | § 170(2) | One year or more |
| Imprisonment | § 170(3) | 3+ consecutive years after marriage |
| Adultery | § 170(4) | Requires corroborating evidence |
| Living Apart (Separation Decree) | § 170(5) | 6+ months under a separation decree or judgment |
| Living Apart (Separation Agreement) | § 170(6) | 6+ months under a filed separation agreement |
Most couples who mediate their divorce rely on the no-fault ground under § 170(7) because it requires no proof of wrongdoing: one spouse may state under oath that the relationship has been irretrievably broken for at least six months. The court cannot grant the divorce on that ground until the economic and parenting issues are resolved by the parties or determined by the court.
Key Takeaway: Every divorcing couple must plead at least one ground under DRL § 170, regardless of whether they use mediation. Since 2010, the no-fault ground under § 170(7), covering irretrievable breakdown for at least six months, has made this requirement straightforward for most couples. Grounds determine the court’s authority to dissolve the marriage; they do not control how assets, support, or custody are divided.
Does Mediation Replace the Legal Divorce Process in New York?
No. Mediation is a private negotiation process, not a substitute for a court divorce. A mediator helps you and your spouse reach an agreement on issues like property division, spousal support, and custody, but mediation itself does not dissolve the marriage; court papers still must be filed by a party or attorney. The agreement you sign at the end of mediation is not itself a divorce.
To dissolve your marriage, you still need a Supreme Court divorce case. In the standard uncontested process, one spouse starts the action by filing a Summons with Notice or a Summons and Verified Complaint, along with the required supporting documents. If the couple qualifies for New York’s Uncontested Joint Divorce process, they may instead file together using the joint-divorce forms.
Think of it this way: mediation produces the terms of your divorce, but the court produces the divorce itself. Without a Judgment of Divorce, you remain legally married, no matter how thorough your mediated agreement is.
Key Takeaway: Mediation is a private negotiation process, not a court proceeding. Even a fully mediated agreement must be submitted to the court and incorporated into a Judgment of Divorce. The court still reviews compliance with DRL § 170. The filing spouse must submit the required papers, and the other spouse must either appear, waive a response, or default. The action also must properly allege a statutory ground under DRL § 170.
Can Most Couples Use No-Fault Grounds Under § 170(7)?
Yes. Under DRL § 170(7), either spouse can state under oath that the marriage has been irretrievably broken for at least six months. No proof of fault is required, and the other spouse does not need to agree. A spouse’s sworn statement that the marriage has been irretrievably broken for at least six months is sufficient to establish the no-fault ground as a matter of law.
Before 2010, couples who wanted to divorce without proving fault had limited options. They could convert a separation agreement into a divorce after living apart for six months under § 170(6), or rely on a separation decree or judgment after six months under § 170(5). The addition of § 170(7) eliminated the need for these workarounds by allowing either party to simply assert that the relationship had broken down.
This ground is ideal for couples using mediation because it avoids introducing allegations of cruelty, adultery, or abandonment into the record. Filing under § 170(7) keeps the process consistent with the cooperative tone that made mediation work in the first place. However, courts will not enter a no-fault judgment until all ancillary issues, covering property, support, and custody, are resolved or decided, which makes a complete mediated agreement especially valuable.
Key Takeaway: Under DRL § 170(7), either spouse can cite an irretrievable breakdown lasting at least six months as grounds for divorce, with no proof of fault and no consent from the other spouse required. This ground is the default for nearly all mediated divorces because it avoids adversarial allegations. However, courts will not grant the judgment until all financial, custody, and support issues are resolved.
What Goes Into Your Divorce Paperwork After Mediation in New York?
Completing mediation is a major step, but it is not the final one. You still need to prepare and file a specific set of court documents to obtain a Judgment of Divorce. These filings convert your private agreement into an enforceable court order.
The filing package varies by the facts of the case, but it typically includes the initiating papers (either a Summons With Notice or a Summons and Verified Complaint), the Notice of Automatic Orders, the Notice Concerning Continuation of Health Care Coverage, the settlement agreement if there is one, and any additional uncontested-divorce forms required for the case. If children or support issues are involved, child support and income worksheets may also be required.
What Is a Stipulation of Settlement?
The Stipulation of Settlement is the legal document that formalizes your mediated agreement. It contains the terms you and your spouse negotiated during mediation, covering property division, spousal support, custody arrangements, child support, and any other resolved issues. Both parties sign it. Independent legal review is often advisable, but it is not required in every uncontested case.
Once signed, the Stipulation is submitted to the court along with the rest of your divorce filings. The judge reviews it and, if approved, incorporates it by reference into the Judgment of Divorce. At that point, its terms become legally enforceable as a court order rather than just a private contract.
What Affidavits and Forms Are Required?
Even in an uncontested mediated divorce, the court requires several sworn statements. The Verified Complaint must plead grounds under DRL § 170, even if both spouses agree on everything and the process was entirely cooperative. Form UD-7, currently titled ‘Affirmation of Defendant,’ confirms that the non-filing spouse received the papers and, if applicable, waives the time to answer and consents to the case being placed on the uncontested calendar.
If children are involved, the filing must include the required child-support forms. If the parties’ agreement deviates from the presumptive basic child-support obligation, the agreement or stipulation also must state what the presumptive amount would have been and why the parties are deviating from it.
Key Takeaway: Even after successful mediation, couples must prepare and file specific court documents to obtain a Judgment of Divorce. The mediated agreement is formalized as a Stipulation of Settlement and incorporated by reference into the judgment. The Verified Complaint must state grounds under DRL § 170 regardless of how cooperative the process was.
If you need help converting your mediated agreement into court-ready filings for the Manhattan Supreme Court, Ryan Besinque can prepare the full document package. Call (929) 251-4477.
Divorce Mediation Attorney in Manhattan, The Law Office of Ryan Besinque
Ryan Besinque, Esq.
Ryan Besinque is a New York divorce mediation lawyer who earned his Juris Doctor with honors from the University of San Diego School of Law, where he received the CALI Award for Family Law and served as President of the Phi Delta Phi Legal Honors Society. He holds a B.S. in Business Administration with a minor in Psychology and Law from the University of Southern California and is admitted to practice in both New York and California.
Ryan began his legal career in Los Angeles, representing private clients and providing pro bono services to victims of domestic violence. Since relocating to New York City in 2018, he has represented families in Manhattan in divorce, custody, support, and family offense matters and continues to provide legal services through the Manhattan Assigned Counsel Panel.
Does the Ground You Choose Affect Your Mediated Settlement in New York?
In most divorces, the choice of grounds does not directly determine how assets are divided or how much support is awarded. Equitable distribution follows the factors set out in DRL § 236(B), which include the length of the marriage, each spouse’s income and property, and contributions to marital assets. These factors apply regardless of whether you file under no-fault or a fault-based ground.
That said, fault can play a limited role in rare circumstances. Courts have recognized that egregious marital misconduct, such as attempted murder of a spouse or extreme financial dissipation, may be considered as one factor in equitable distribution. But this exception is narrow, and routine allegations of cruelty or adultery typically do not change how property is divided or support is calculated.
For couples who have mediated their terms, the no-fault ground under § 170(7) is almost always the better choice. It keeps the tone of the court filing consistent with the cooperative process that produced the agreement. Introducing fault allegations can create unnecessary tension, especially if the other spouse views the filing as a contradiction of the mediation’s spirit.
Key Takeaway: In most cases, the ground you plead does not affect how assets are divided or how support is awarded, as equitable distribution follows DRL § 236 factors. Fault can be considered only in rare cases of egregious misconduct. For mediated divorces, no-fault under § 170(7) keeps the process neutral and avoids adversarial allegations.
When Might Fault Grounds Still Matter Even During Mediation?
Although no-fault is the standard for mediated divorces, there are situations where fault-based grounds under DRL § 170 may become relevant. Recognizing these edge cases helps you make an informed decision about how to proceed.
What If One Spouse Refuses to Acknowledge an Irretrievable Breakdown?
Under § 170(7), only one spouse needs to assert that the marriage has irretrievably broken down. The other spouse’s agreement is not required, and courts have interpreted this ground as unilateral, meaning one party’s sworn statement is sufficient.
This is a significant change from the pre-2010 landscape, when a spouse who did not want a divorce could effectively block it by contesting the fault-based allegations. Under current law, if one spouse states under oath that the marriage has broken down for at least six months, the court will accept that ground. The other spouse cannot defeat it simply by disagreeing.
Are There Situations Where a Fault Ground Protects You?
In limited circumstances, yes. If a spouse has been physically violent or has engaged in conduct that rises to the level of cruel and inhuman treatment under § 170(1), pleading that ground may be strategically relevant. New York courts apply a high threshold to cruel-and-inhuman-treatment claims, especially in longer marriages.
Similarly, abandonment under § 170(2) may apply when one spouse left the marital home more than a year ago and refuses to return. These situations often require legal advice beyond mediation because safety issues, temporary relief, or separate court applications may be involved.
However, these situations often move beyond what mediation alone can address. If fault is a central issue in your divorce, you may need attorney representation in addition to, or instead of, mediation.
Key Takeaway: The no-fault ground under DRL § 170(7) is unilateral, meaning one spouse can assert it without the other’s agreement. This eliminates the most common reason fault grounds were historically used in cooperative divorces. Fault grounds may still matter in cases involving domestic violence, abandonment, or conduct directly bearing on financial claims, but these situations typically require attorney involvement beyond mediation alone.
How Does a New York Court Approve a Mediated Divorce Agreement?
Once all documents are filed, a judge reviews the complete submission before entering a Judgment of Divorce. In an uncontested case, which is what most mediated divorces become, the review is done on paper without a court appearance. But the judge still examines several key areas.
First, the court confirms that grounds under DRL § 170 have been properly pleaded in the Verified Complaint. If the ground is missing, incomplete, or improperly stated, the filing can be rejected.
Second, the judge reviews the Stipulation of Settlement for unconscionability. An agreement is unconscionable if it is so one-sided that no reasonable person would have agreed to its terms. Courts do not rewrite agreements, but they can refuse to approve one that appears fundamentally unfair.
Third, when children are involved, the court scrutinizes child support provisions carefully. Under the CSSA (FCA § 413), parents who agree to deviate from the standard formula must acknowledge in writing that they were informed of the correct guideline amount and chose to depart from it. Without this acknowledgment, the court may reject the child support terms.
Agreements that waive spousal support, divide pensions, or contain unusual provisions may require additional affidavits or explanations. Having an attorney draft or review the agreement before submission significantly reduces the risk of rejection.
Key Takeaway: Courts review mediated settlement agreements before incorporating them into a Judgment of Divorce. Judges confirm proper pleading of DRL § 170 grounds, check for unconscionability, and verify that child support terms comply with the CSSA. Agreements that deviate from guidelines or waive certain rights may need additional explanation, and attorney review before filing reduces the risk of rejection.
Get Help from a New York Divorce Mediation Attorney
You and your spouse have done the hard work of reaching an agreement through mediation. Procedural errors can delay your divorce or require additional filings. DRL § 170 compliance is not optional, and improperly pleading grounds, using outdated forms, or filing an incomplete document package can result in rejection.
The Law Office of Ryan Besinque helps couples convert mediated agreements into enforceable Judgments of Divorce. Ryan Besinque will review Stipulations of Settlement, draft Verified Complaints with proper DRL § 170 grounds, and file complete document packages in the Manhattan Supreme Court and courts throughout the five boroughs. Our team will help you from the mediation table to a finalized divorce without unnecessary delays.
Call The Law Office of Ryan Besinque at (929) 251-4477 to schedule a consultation. Our office is located at 115 W 25th St, 4th Floor, in Manhattan, and we serve clients throughout Brooklyn, Queens, the Bronx, Westchester County, and Nassau County.
Frequently Asked Questions for a Divorce Mediation Lawyer in New York
Do both spouses have to agree on the grounds for divorce in New York?
No. Under DRL § 170(7), one spouse may state under oath that the relationship has been irretrievably broken for at least six months, and the court may grant a divorce on that ground once the remaining economic and custody issues are resolved.
Can we skip the Verified Complaint if we’ve already mediated everything?
Usually not if you are using the standard uncontested-divorce packet. But if you qualify for New York’s current Uncontested Joint Divorce process, you may be able to proceed under that program instead of the traditional plaintiff-defendant packet.
What happens if our mediated agreement isn’t properly filed with the court?
It will not be enforceable as a court order. Without incorporation into a Judgment of Divorce, you would need to enforce the agreement as a private contract, which is more difficult and does not carry the same legal weight. Proper filing is essential to making your agreement binding.
Does using no-fault grounds affect how our assets are divided?
Generally, no. Equitable distribution is based on statutory factors under DRL § 236(B), not on which ground was pleaded. In rare cases involving egregious misconduct, a court may consider fault as one factor, but this is uncommon and does not apply in most mediated divorces.
Can a mediator file our divorce for us?
No. Mediators facilitate negotiation but cannot provide legal advice or file court documents on your behalf. An attorney or the parties themselves must handle all court filings. Using a mediator does not eliminate the need for proper legal filing.
Does DRL § 170 apply to same-sex couples divorcing in New York?
Yes. DRL § 170 applies to all legally married couples regardless of gender. All the same grounds and procedural requirements apply to same-sex couples as to opposite-sex couples.
What is the six-month irretrievable breakdown requirement under § 170(7)?
One spouse must state under oath that the relationship has been irretrievably broken for at least six months. This is a low threshold that is rarely contested by courts, and no corroborating evidence or agreement from the other spouse is required.
