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Manhattan Divorce Mediation Attorney Ryan Besinque Clarifies Whether Couples Still Need Grounds for Divorce When Mediating in New York
Mediated settlements still must be filed with a statutory divorce ground and court forms before a judge can approve the judgment, attorney Ryan Besinque said.
Manhattan divorce mediation attorney Ryan Besinque clarifies that New York law still requires couples to plead statutory grounds under Domestic Relations Law section 170, even when mediation resolves all substantive issues.
Mediation serves as a private negotiation process that does not dissolve a marriage; grounds for divorce remain a threshold legal requirement establishing the Manhattan Supreme Court's authority to grant dissolution.
New York recognizes seven grounds for divorce, with the no-fault irretrievable breakdown option typically preferred for mediation, requiring submission of a Stipulation of Settlement and Verified Complaint to the court.
Besinque warns that technical errors in the filing package can lead to court rejection or delay. "An agreement that seemed final at the mediation table can be rejected or delayed at the court stage," he notes.
Pleaded grounds generally do not impact asset division, which follows statutory factors instead; Manhattan couples may avoid procedural delays by consulting an attorney experienced in both mediation and court filings.