NEW YORK, NY – Many couples who choose mediation to resolve the financial and parenting terms of their separation assume that the cooperative nature of the process means they can sidestep New York’s formal divorce requirements. Manhattan divorce mediation attorney Ryan Besinque of The Law Office of Ryan Besinque (https://www.besinquelaw.com/are-grounds-for-divorce-required-under-drl-170-if-mediating/) clarifies that New York law still requires every couple to plead statutory grounds under Domestic Relations Law section 170, even when all substantive issues have already been resolved through mediation.
According to Manhattan divorce mediation attorney Ryan Besinque, grounds for divorce are a threshold legal requirement establishing the court’s authority to dissolve the marriage, not a substantive issue that mediation resolves. Since 2010, New York has offered a no-fault ground under DRL section 170(7), allowing either spouse to state under oath that the relationship has been irretrievably broken for at least six months. The other spouse’s agreement is not required; courts have interpreted this ground as unilateral, meaning a single sworn statement is sufficient. “The no-fault ground under section 170(7) made New York’s grounds requirement largely invisible for couples who mediate,” Besinque explains. “But it still has to be pleaded in the Verified Complaint; it doesn’t disappear just because both parties agreed on everything.”
Manhattan divorce mediation attorney Ryan Besinque notes that mediation is a private negotiation process, not a court proceeding, and a completed mediated agreement does not itself dissolve the marriage. To obtain a Judgment of Divorce, the agreement must be formalized as a Stipulation of Settlement and submitted to the Supreme Court along with the required filing package. That package typically includes a Summons with Notice or a Summons and Verified Complaint, the Notice of Automatic Orders, the Notice Concerning Continuation of Health Care Coverage, and any additional uncontested-divorce forms required for the specific case. When children are involved, child support worksheets must be included, and any deviation from the presumptive guideline support obligation under the Child Support Standards Act must be acknowledged in writing.
The firm prepares complete filing packages for couples whose mediated agreements are ready for court submission. Attorney Besinque advises that even thoroughly negotiated agreements carry procedural risks if the underlying court documents are improperly drafted. Judges reviewing uncontested filings confirm that DRL section 170 grounds have been properly pleaded, check the Stipulation of Settlement for unconscionability, and scrutinize child support terms for compliance with FCA section 413. “An agreement that seemed final at the mediation table can be rejected or delayed at the court stage because of a technical error in the filing,” Besinque notes. “Having an attorney prepare the paperwork is the most reliable way to avoid that outcome.”
New York recognizes seven grounds for divorce under DRL section 170, six of which are fault-based. These include cruel and inhuman treatment, abandonment for one year or more, imprisonment for three or more consecutive years following the marriage, adultery, and two forms of living apart under either a separation decree or a properly filed separation agreement. For couples who mediate, the no-fault irretrievable breakdown ground is almost always the right choice because it avoids introducing adversarial allegations into the record that would be inconsistent with the cooperative tone of the mediation process.
The Law Office of Ryan Besinque also assists clients in situations where fault grounds may become relevant despite a generally cooperative process, such as cases involving domestic violence, abandonment, or conduct that could bear on financial claims under the equitable distribution framework. In most cases, however, the ground pleaded does not affect how assets are divided, because equitable distribution follows the statutory factors under DRL section 236(B) rather than the ground for dissolution.
For couples in Manhattan who have completed mediation and need help converting their agreement into an enforceable Judgment of Divorce, consulting a divorce attorney who handles both mediation and court filings may help avoid procedural delays. The Law Office of Ryan Besinque is located at 115 W 25th St, 4th Floor, in Manhattan. For consultations, call (929) 251-4477.
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque is a Manhattan-based law firm focused on divorce mediation, uncontested divorce, child custody, and family law matters for clients throughout New York City and surrounding areas. Led by attorney Ryan Besinque, the firm guides clients from the mediation table through final court filing in the Manhattan Supreme Court and courts across all five boroughs. For consultations, call (929) 251-4477.
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Media ContactCompany Name: The Law Office of Ryan BesinqueContact Person: Ryan BesinqueEmail: Send EmailPhone: (929) 251-4477Address:115 W 25th St 4th floor City: New YorkState: New York 10001Country: United StatesWebsite: https://www.besinquelaw.com/
