You have finished your mediation sessions and everyone has signed the papers. While you might feel like your divorce is complete, in the eyes of the law, you are still married. Mediation creates a binding contract between two people, but it does not carry the legal weight required to dissolve a marriage. To finish the process, you must submit a particular set of documents to the court.
Understanding the Steps to Finalization
The Stipulation of Settlement
This is the document that captures everything you and your spouse decided during your meetings. It functions as a private contract covering property, support, and, where applicable, child custody and parenting schedules. Because it must be notarized like a deed, it carries significant legal authority. When you file for divorce, this agreement is submitted to the court. The judge will review it to ensure it is clear, complete, and legally sound. If the judge approves, the terms are incorporated into the final judgment, making them enforceable through the court system.
The Uncontested Divorce Packet
This is the collection of forms required by the New York State Unified Court System to process your case. Because your issues were settled in mediation, you do not need to fight them out in front of a judge. Instead, you file an uncontested action. The packet includes standard forms like the summons, which starts the case, and various affirmations that act as sworn testimony. If you have children under 21, you must also include required financial worksheets. These forms tell the court that you have already agreed on how to divide your assets and handle your responsibilities, so the judge does not need to intervene on those details.
The Judgment of Divorce
This document is the court order that officially ends your marriage. You do not just show up and get a divorce; you draft a proposed judgment as part of your filing package. This document translates your mediated agreement into a formal directive that the court issues. Once a Supreme Court justice signs this document, it indicates that the court has reviewed your filings and accepted the terms of your settlement.
Entry of Judgment
Many people mistakenly believe they are divorced the moment a judge signs their paperwork. However, the legal dissolution of your marriage does not actually occur until the County Clerk officially enters the judgment into the court records. This act of entry is what starts the clock for any appeal timelines and enforcement measures. Only after the clerk has stamped the judgment as entered can you request certified copies. You need these certified copies to change your legal name, retitle property, or update financial accounts.
Understanding these distinctions helps ensure you complete the process correctly. For the full detail, including the exceptions, see the longer piece this is drawn from.
About the author
Ryan Besinque began practicing family law in Los Angeles after his admission to the California Bar in 2012 and expanded his practice to New York City in 2018. A graduate of the University of San Diego School of Law, he received the CALI Award for Family Law and the Outstanding Service Award from the Legal Aid Society of San Diego.
Where to find us
The Law Office of Ryan Besinque, P.C. is at 115 W 25th St, 4th Floor, New York, NY 10001, and the phone is (929) 251-4477.
Related reading: Manhattan divorce mediation lawyer.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.
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