DivorceandFamilyMediationCenter.com

There's Less of a "Struggle" When Mediating a Separation or Divorce

What is the Difference Between
a Separation and a Divorce?

Because New York State is the last state in the union that is NOT a no fault divorce state, this means that you and your spouse cannot simply say that you have “irreconcilable differences” in order to divorce.  You are required to state the grounds for a divorce and to this end you have several options to pursue a separation and ultimately a divorce.

• Option #1:  You and your spouse can choose to live under the terms of a Separation Agreement for one year or more and then file for an uncontested divorce.  At any time after the minimum of one year that you have lived under the terms of the Separation Agreement, you can file for an uncontested divorce.  Remember that once the year is up, it does not mean that the divorce judgment is final. It simply means that you have the option to file for an uncontested divorce whenever you and your spouse are ready.  Like any other contract, a Separation Agreement is a legal, binding contract and is enforceable in court.  There are a variety of reasons that some couples will live under the terms of a Separation Agreement rather than file for divorce right away and we discuss this in great detail during the mediation.

• Option #2:  Of course, you do not have to live under the terms of Separation Agreement but rather file for the divorce right away. If you choose this option, instead of signing a Separation Agreement, you will sign a Stipulation of Settlement.  This document is almost identical to the Separation Agreement in that it also details all of the mutual agreements that you and your spouse have made with each other in the mediation.  There are several differences with the main one being that there is an additional provision that addresses “grounds for divorce.”  The Stipulation of Settlement will become part of a number of other documents that you must sign in order to file for the divorce immediately.  As with the Separation Agreement, there are also a variety of reasons that couples may choose to file for the divorce right away and they will be explored during the mediation as well.

Regardless of which avenue you pursue, it’s prudent to sign off on a written agreement once you and your spouse have decided to separate. As long as an Agreement has been signed and notarized, there will no longer be any liabilities toward each other except for the ones you have authorized in your Agreement.

What is a Separation Agreement vs Stipulation of Settlement?

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