Mediation Lawyer for Firefighters – Staten Island, NY

Q: What residency rules apply to a New York divorce?

New York residency requirements are governed by DRL § 230. Speak with Erin about how they apply to your situation.

Helping FDNY firefighters and their spouses resolve divorce through mediation — with practical solutions for pensions, parenting, and property that fit demanding work schedules.

In Brief

If you are an FDNY firefighter or married to one, divorce mediation can give you a flexible, private way to resolve things without leaving every decision to a court. I’m Erin K. Colgan of Angiuli & Gentile, a divorce and family-law mediator on Staten Island who has worked with first-responder families for more than twenty years. As a neutral mediator I help both spouses reach agreements about parenting, property, and the New York City Fire Department Pension Fund — and I know a fire pension is never a single line item.

Written for Angiuli & Gentile · Reviewed by Erin K. Colgan, Esq., Senior Partner — Divorce, Family Law & Mediation

Erin K. Colgan — Senior Partner at Angiuli & Gentile; admitted to the New York Bar in 2003; certified divorce mediator since 2004 (Center for Mediation and Training); on the New York State Unified Court System’s Part 146 roster; Panel Member, American Arbitration Association / ICDR Family Law Mediator Panel (2025–2026).

Last Updated: July 2026

What Is Divorce Mediation, and Why Do Firefighters Choose It?

Divorce mediation is a voluntary process where a neutral third party helps spouses negotiate and reach their own agreement instead of asking a judge to decide every issue. For many FDNY families, mediation offers greater flexibility, privacy, and control than traditional litigation.

Divorce affects every family differently. Firefighters often face added challenges because of rotating schedules, overnight tours, pension benefits, and the close-knit nature of the firehouse community.

As the mediator, Erin does not represent either spouse or advocate for one side over the other. She guides productive discussions so both spouses can work toward workable solutions. Each spouse remains free to consult an independent review attorney before signing any final agreement.

Many New York divorces proceed under the state’s no-fault ground in DRL § 170(7), which allows a divorce based on a sworn statement that the marriage has been irretrievably broken for at least six months. The divorce cannot be finalized until economic and parenting issues are resolved — precisely what mediation is designed to address.

Why Does Mediation Work Well for FDNY Families?

Firefighters often benefit from mediation because it accommodates demanding work schedules, reduces unnecessary conflict, and keeps discussions more private than courtroom litigation.

FDNY firefighters frequently work 24-hour tours and rotating schedules that make repeated court appearances difficult. Mediation sessions can often be scheduled around those obligations. Privacy matters too: firehouse communities are close-knit, and many families would rather resolve personal disputes at the table than on the public court record.

Mediation also lets spouses keep control over decisions involving parenting arrangements, equitable distribution of marital property, retirement benefits, financial responsibilities, and the timing of the divorce.

Fast fact: custody schedules need special attention when a firefighter may be on a 24-hour tour. A nontraditional schedule is taken into account when building a parenting plan, and the plan can be designed to work for everyone involved. When your tours affect your ability to pick up and drop off at fixed times, come to the table with your work schedule in hand — it’s the fastest way to build a plan that holds. Division of assets also goes beyond salary: support is calculated with overtime factored in, and debts taken on during the marriage — credit cards, mortgage, student and car loans — are part of the property division too.

New York courts encourage mediation through the Unified Court System’s presumptive early-ADR initiative in many matrimonial matters, although participation depends on the judicial district and certain cases — including those involving domestic violence — may be excluded.

How Is an FDNY Pension Treated During a New York Divorce?

The portion of a firefighter’s pension earned during the marriage is generally marital property. In New York, pension division is governed by equitable distribution under DRL § 236(B), and the leading case is Majauskas v. Majauskas, 61 N.Y.2d 481 (1984).

Under New York’s equitable-distribution law, marital property is divided fairly, which does not necessarily mean equally. The New York Court of Appeals established the default Majauskas formula in Majauskas v. Majauskas, 61 N.Y.2d 481 (1984), using a coverture fraction to determine the marital portion of a pension earned during the marriage.

For firefighters, pension division is accomplished through a Domestic Relations Order (DRO). Because the New York City Fire Department Pension Fund is a government retirement system rather than an ERISA plan, the pension fund must review and approve the DRO before benefits can be divided.

A Fire Pension Is Not a Single Line Item

A firefighter’s pension is far more than one number, and mediation is the place to name every piece before it is divided.

I’ve spent more than twenty years with these cases — and this moment is different. I’ve practiced matrimonial law on Staten Island since the aftermath of 9/11. Many of the first responders who were in their twenties then are reaching retirement age now, and some are facing divorce at the same time. I wrote about this retirement wave for the New York Law Journal [article link to be added], because I’ve watched what happens when these cases are handled by attorneys who treat a fire pension as a single line item. It isn’t one. There’s the pension itself, but also the Variable Supplemental Fund, the contributions account that may hold money above what the pension requires, the question of how a disability retirement is classified, and survivor benefits that must be locked in before retirement — not after. In mediation, we put each of these on the table by name, so nothing is discovered missing years later when it’s too late to fix.

Timing matters, too. Many firefighters reach retirement eligibility at twenty years of service, and whether you mediate before or after that date can change how the pension and its related benefits are addressed — so it’s worth raising early.

What Happens During Divorce Mediation?

Most mediation follows a structured series of meetings where spouses identify issues, exchange information, negotiate solutions, and develop a written settlement agreement. The mediator facilitates but does not make decisions for either party.

Mediation commonly includes:

An initial meeting explaining the mediation process.
Identifying the issues that need to be resolved.
Discussing finances, property, retirement benefits, and parenting matters.
Negotiating possible solutions.
Preparing a written settlement agreement once consensus is reached.
Moving forward with an uncontested divorce filing.

Throughout the process, the mediator remains neutral and focuses on helping both spouses communicate effectively.

Is Mediation Faster and Less Expensive Than Litigation?

For most couples, yes. Because spouses work together toward agreements instead of preparing for repeated court appearances, mediation is generally both faster and less costly than a contested case.

Litigation often means waiting for court dates, attending conferences, and preparing for hearings. Mediation lets spouses schedule sessions around their availability — especially valuable for firefighters working rotating tours. The pace depends on the complexity of the finances, whether children are involved, how quickly information is exchanged, and both spouses’ willingness to negotiate.

How Are Parenting Issues Handled in Mediation?

When children are involved, mediation gives parents a chance to build arrangements that reflect their family’s needs and work schedules. The mediator helps facilitate but does not decide custody.

Working with clients as co-parents is something I take personally. With a dedicated support system and a shared love for your children, it is possible to raise strong, healthy, well-adjusted children after a divorce. Children only experience childhood once, and it is challenging enough without an attorney creating additional conflict. I encourage clients to see themselves and their former spouse as co-parents, so children transition as easily as possible — with two involved parents who respect one another, where one parent doesn’t carry every obligation and the other doesn’t feel like just an ATM.

Firefighter schedules rarely look like traditional office hours, so parents may need arrangements that account for overnight tours, rotating shifts, holidays, and changing calendars. Mediation is where those practical details get worked out.

Consulting and Review Attorney for Spouses in Mediation

Separate from my work as a neutral mediator, I also serve as a private consulting and review attorney for spouses who are mediating their divorce with a different professional.

If you are mediating with another neutral, you can retain me privately to advise you outside the mediation, review a proposed agreement before you sign, and help you understand your rights and options at each stage. Because I mediate cases myself, I understand and respect the integrity of the process: good consulting counsel helps you make informed decisions within the mediation, not undermine the resolution you and your spouse are building. I keep this role entirely separate from any matter I mediate — I never serve as both the mediator and one spouse’s advisor in the same case.

What Happens When You Contact Erin K. Colgan of Angiuli & Gentile

At Angiuli & Gentile, our matrimonial and family-law department works as a team — you will feel that your concerns are our concerns. We pride ourselves on being the professionals who hold our clients’ hands as we walk through this difficult transition together. We are here for you.

Here is how it usually begins:

We talk about whether mediation appears right for your situation.
I explain the process and what documents will help you prepare.
At the first joint session, both spouses meet with me to set goals.
We work through parenting, property, finances, and, when it applies, the New York City Fire Department Pension Fund over one or more sessions.
As agreements are reached, I prepare a written settlement agreement.
The matter proceeds as an uncontested divorce, with the appropriate DRO prepared for review and approval by the Fire Department Pension Fund when benefits are divided.

Frequently Asked Questions

Is my FDNY pension split in a divorce?

The portion of a pension earned during the marriage is generally marital property under New York law. Equitable distribution is governed by DRL § 236(B), and pension division follows Majauskas v. Majauskas, 61 N.Y.2d 481 (1984).

How is a firefighter’s pension divided in New York?

The marital portion is generally determined using the Majauskas formula. For the New York City Fire Department Pension Fund, any division is implemented through a Domestic Relations Order (DRO) the pension fund reviews and approves. Remember that the pension may not be the only asset — the Variable Supplemental Fund, a contributions account, disability classification, and survivor benefits can all be part of the picture.

Can we mediate a divorce around a 24-hour shift schedule?

Yes, in most cases. One advantage of mediation is that sessions can be scheduled around demanding tours, which is far easier than fixed court appearances.

Is mediation private compared to going to court?

Yes. Mediation takes place in a private setting rather than on the public court record — something many firefighters and their families value.

Do we each need our own lawyer if we mediate?

You are not required to, though many couples have an independent review attorney look over the agreement before signing. The mediator stays neutral and represents neither spouse; a review attorney advises one spouse on the specific terms.

Is mediation cheaper than hiring a divorce lawyer?

In most cases, yes. Mediation involves one neutral professional rather than two full litigation retainers, sessions are billed as they’re used, and you avoid the motion practice and repeated court appearances that drive up the cost of a contested divorce. Complex finances can add sessions, but for couples able to negotiate in good faith, mediation is typically the most cost-effective path to a finalized divorce.

How long does divorce mediation take?

Most mediated divorces are finalized in a matter of months rather than the year or more a contested case can take, depending on the issues involved and how quickly information is exchanged.

Can I hire my own attorney if we’re already in mediation with someone else?

Yes. If you and your spouse are mediating with a different neutral, you can retain me privately as your own consulting and review attorney — to advise you outside the sessions and review the agreement before you sign. I keep that role entirely separate from any case I mediate.

Does mediation work if we have children?

Yes. Mediation commonly addresses parenting alongside financial matters, so parents can build arrangements that fit firefighter schedules.

What residency rules apply to a New York divorce?

New York residency requirements are governed by DRL § 230. Speak with Erin about how they apply to your situation.

If you are considering divorce and want to explore whether mediation is right for your family, schedule a consultation with Erin K. Colgan of Angiuli & Gentile. Call Angiuli & Gentile, LLP at (718) 550-0466 to discuss your situation and learn how mediation may help you move forward.