Upon completion of the mediation process, some couples decide that they want to file for divorce immediately instead of living under a separation agreement.  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” and be granted a divorce.   New York State requires that you have grounds for a divorce.  If you decide to file for an uncontested divorce right away, rather than wait for a year while living under the terms of a separation agreement, the ground for divorce is “constructive abandonment.”  One spouse needs to affirmatively state in the divorce papers that they constructively abandoned the marriage by refusing to have marital relations for the preceding year.

The parties will sign a Stipulation of Settlement, which sets forth the division of assets and debts acquired during the marriage; child support; custody arrangements; a parenting schedule; other issues regarding the children; and maintenance  (previously known as alimony).  This is a legally enforceable contract spelling out your obligations to each other. This document is submitted to the court along with other documents to obtain a Judgment of Divorce.

Once divorced, a spouse who was covered under their former spouse’s health insurance will no longer be covered.  The non-covered spouse has the option of purchasing COBRA benefits or obtaining their own health insurance.  Couples who are divorced prior to December 31^st of a given year will no longer be able to file joint tax returns in the year in which they were divorced.  The costs associated with health insurance and how you will file your taxes are some of the things couples need to consider before deciding whether to go for a divorce right away or to live under a separation agreement.