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How Mediation Is Related to No-Fault Divorce

Clearing the confusion about no-fault and uncontested divorces on Long Island

At Solutions Divorce Mediation, Inc., we get many calls from potential clients who are confused about terms relating to mediation and divorce. Much of the confusion centers around New York’s relatively new no-fault divorce law, how no-fault is related to an uncontested divorce, and whether mediation is required in either case. So that you can have a clearer understanding of the process, here is a brief explanation.

New York’s no-fault divorce law

On October 13, 2010, New York became the last of the 50 states to allow no-fault divorce. Prior to the new law, a petitioner for divorce had to allege grounds for divorce — misconduct that had led to the breakdown of the marriage — or show that the couple had lived apart for one year under the terms of a legal separation agreement. Traditional grounds for a divorce are:

  • Abandonment for at least one year
  • Adultery
  • Cruel and inhuman treatment
  • Imprisonment for three or more years
  • Separation of more than one year

Now, the law only requires that the petitioning spouse affirm that the marital relationship has been irretrievably broken for at least six months.

Filing no-fault allows you to skip one of the issues you might otherwise have to litigate. It also helps by setting a less confrontational tone for your divorce. But it does not ensure that you will have an uncontested divorce. You must still resolve all of your ancillary issues — child custody, child support, spousal support and property division — by agreement or through a court hearing.

Divorce mediation is a tool you can choose or the court can order to get you and your spouse to resolve your issues. At Solutions Divorce Mediation, our trained mediators work with couples to resolve issues quickly and cost-effectively, so you can arrive at a divorce settlement agreement that you can live with.

Learn more about the mediation process with a free initial consultation

At Solutions Divorce Mediation, Inc., our experienced mediators save you time and money as we expedite your divorce settlement agreement. To learn how we can help, call 1.631.683.8172 or contact us online to schedule a free consultation. Evening and weekend appointments are available, 7 days/week.