Everything you need to know about divorce mediation laws, costs, requirements, and the process in New York. Updated for 2026.
| Property Division | Equitable Distribution |
| Residency Requirement | At least one spouse must have been a continuous resident of New York State for at least one year immediately before the divorce action is commenced. |
| Mandatory Mediation | Yes — Mandatory Presumptive Mediation for most cases |
| Waiting Period | No statutory waiting period |
| Mediation Cost Range | $5,000 – $9,000 |
| Hourly Rate Range | $300 – $500/hour |
New York follows equitable distribution under Domestic Relations Law § 236. This means the court divides marital property fairly — but not necessarily equally. The court considers multiple factors including the length of the marriage, each spouse's income and future financial circumstances, contributions as a homemaker, and the needs of custodial parents.
New York implemented Mandatory Presumptive Mediation (MPM) in 2019, requiring most divorcing couples to attempt mediation before litigating. Cases are screened for eligibility after filing. Exceptions exist for cases involving domestic violence, child abuse, or severe power imbalances. The program does not compel settlement — only a good-faith attempt to resolve disputes.
Family Court judges may order custody mediation under DRL § 240(1-b). While not universally mandatory, courts increasingly refer contested custody cases to mediation. NYC and other counties maintain comprehensive ADR programs specifically for family law matters.
Private divorce mediation in New York typically costs $300-$500 per hour, with total costs ranging from $5,000 to $9,000 including the preparation of a settlement agreement and court filing assistance. Cases typically require 3-6 sessions of 1-2 hours each. Court-connected mediation programs may be available at reduced rates.
Tip: Many mediators offer free initial consultations. It's worth meeting with 2-3 mediators before choosing one. Ask about flat-fee vs. hourly pricing and whether the fee includes drafting the settlement agreement.
New York does not have a mandatory waiting period between filing and finalization. However, practical court processing times mean that even uncontested divorces typically take several weeks to finalize.
These are the primary state laws governing divorce mediation in New York:
| Statute | Subject |
|---|---|
| DRL § 236 | Equitable Distribution Law |
| DRL § 240 | Custody, Visitation, Support |
| DRL § 240(1-b) | Child Custody Mediation |
| Family Court Act § 452 | Family Court Jurisdiction |
We've independently evaluated divorce mediators in New York's major metro areas. Browse our rankings to find a top-rated mediator near you:
Yes, in most cases. New York implemented Mandatory Presumptive Mediation (MPM) in 2019, requiring most divorcing couples to attempt mediation before proceeding to litigation. Exceptions apply for cases involving domestic violence, child abuse, or significant power imbalances.
Equitable distribution means the court divides marital property fairly but not necessarily equally. The court considers factors including marriage duration, each spouse's income and earning capacity, contributions as a homemaker, and future financial needs. The goal is a fair outcome based on each couple's specific circumstances.
Private divorce mediation in New York typically costs $5,000 to $9,000 total, with hourly rates ranging from $300 to $500. This includes multiple mediation sessions, drafting of the settlement agreement, and filing assistance. Costs are usually split between both spouses.
A mediated divorce in New York typically takes 2-4 months from start to finish. The mediation process itself usually requires 3-6 sessions of 1-2 hours each. After reaching agreement, the settlement must be drafted, reviewed, and filed with the court, which adds additional processing time.
Browse our directory of independently evaluated divorce mediators in New York.
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