How does online divorce mediation work in New York?
You and your spouse meet a certified mediator by video, together or from different places, for two to three sessions. You settle parenting, support and property; an attorney writes up the agreement and files the uncontested divorce in the county where one of you lives. New York courts accept it exactly as they would a divorce mediated in an office, and most uncontested divorces are decided on the papers without anyone appearing. Smart Divorce NY has worked this way, for one flat fee, since 2014.
What online mediation looks like, step by step
Everything that happens in an office happens on a video call, with one difference: nobody has to be in the same room, or the same city, as anyone else.
- A first call. You (or both of you) call or send the form. Stephen explains the process, answers your questions and quotes the flat fee. There is no charge for this call.
- The sessions. Two to three video sessions, usually sixty to ninety minutes, scheduled around both of you. You can join from home, work, or two different states. Each of you needs a phone or computer with a camera and somewhere private to talk.
- The agreement. After the sessions, the attorney included in the fee drafts the separation agreement: parenting plan, child support under the New York formula, spousal maintenance, and how property and debts are divided. You review it, ask questions, and sign.
- The filing. The attorney files the uncontested divorce in the Supreme Court of the county where one of you lives, with the court fees covered by the flat fee. For most couples that is the last step; the judge signs the Judgment of Divorce and it is mailed to you.
Who it suits: couples who have already separated and live in different places; couples where one spouse travels, is posted away or has already moved out of state; parents who cannot both be away from the children at the same time; and anyone in a part of New York with no mediator nearby. It does not suit couples where one spouse is not safe disagreeing with the other; see the guide on when mediation is not the right fit.
- Where we work. Anywhere in New York State. Couples in Buffalo, Rochester, Syracuse, Albany, Binghamton, Utica, Ithaca, Watertown, Elmira, Jamestown, Plattsburgh and Glens Falls, and the towns around them, all work the same way.
- Who can file in New York. Being online does not change the residency rules; at least one of you must meet them.
- When mediation is not safe. The situations where we will say so and point you elsewhere.
Court appearances: an uncontested New York divorce is normally decided on the submitted papers. A judge can always ask for an appearance, and some counties schedule a brief one; we tell you if yours does.