Fact Sheet: Separation Agreements

New York State's version of a “No-fault Divorce” is accomplished by converting a Separation Agreement to a Divorce Decree. Assuming your spouse has substantially complied with the terms of the Separation Agreement, and you have lived separate and apart for a minimum of one year following the execution of your Separation Agreement, then either you or your spouse may file for an Uncontested Divorce on the grounds of converting your Separation Agreement to a Decree of Divorce.

The end product of mediation in our domestic relations’ practice at Central NY Mediation Services is a Separation Agreement, which addresses the support, custody, and visitation arrangements for the children and the distribution of your marital property. Once we draft the agreement and you sign it, it becomes a binding contract, which defines your future relationship. The agreement will remain in effect indefinitely, can be mutually cancelled should you and your spouse reconcile, or it can be modified to meet your changing needs. When you become legally separated for example, you become a separate legal entity and will not be responsible for any new debt created by your spouse following the execution of your Separation Agreement.

We charge on an hourly basis at a rate of $75.00 per hour. The average cost of a Separation Agreement in our practice, including time spent in negotiation is $500.00. The time spent in negotiation will vary depending upon the number of issues we have to address, and your ability to make decisions.

Through mediation, you will work to come to terms with the past and plan for the future in a way that works best for you, your spouse and the children. You will have done this through a process which allows you to assert yourself while respecting each other. When this is accomplished through a balanced agreement, we will have been successful and  forever grateful.