Divorce Mediation Lawyer in Staten Island, NY

Q: How is property divided in a New York divorce?

New York follows equitable distribution under DRL § 236(B), meaning marital property is divided fairly, which is not always an equal division.

Q: Can we file for a no-fault divorce after mediation?

Yes. New York recognizes no-fault divorce under DRL § 170(7), but the judgment cannot be finalized until all economic and custody issues are resolved — which is exactly what mediation accomplishes.

Helping Staten Island couples resolve divorce through mediation with a practical, respectful, and lower-conflict approach.

In Brief

If your marriage is ending and you would rather resolve it at a table than in a courtroom, divorce mediation may be the right path. I’m Erin K. Colgan of Angiuli & Gentile, and I mediate divorces for Staten Island families. As a neutral mediator I help both spouses reach their own agreements on property, finances, and parenting, so the divorce can move forward as an uncontested matter once everything is settled. I don’t represent either spouse — my job is to keep the process fair, informed, and moving. If you are considering mediation, let’s talk about your situation.

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 in New York?

Divorce mediation is a voluntary process in which a neutral third party helps both spouses negotiate agreements instead of asking a judge to decide disputed issues. The mediator does not represent either spouse and does not advocate for one side over the other.

For many Staten Island families, mediation offers a structured setting for discussing property division, parenting arrangements, financial issues, and other matters connected to divorce.

As a mediator trained through the Center for Mediation and Training and on New York’s Part 146 court roster, Erin remains neutral throughout the process and helps couples communicate productively while working toward their own decisions.

Because a mediator represents neither spouse, each person may choose to consult an independent review attorney before signing a final agreement.

New York’s Unified Court System encourages mediation through its presumptive early-ADR initiative in many matrimonial matters, although participation and availability vary by judicial district and certain matters may be excluded.

Is Divorce Mediation Right for Every Couple?

Mediation works best when both spouses are willing to participate in good-faith discussions and exchange information so they can make informed decisions together. It is not the right process for every family or every set of circumstances.

Many couples begin mediation even though they have not yet reached agreement on important issues. The purpose of mediation is to help identify disagreements, explore options, and work toward mutually acceptable solutions.

Every family is different, so whether mediation is appropriate depends on the specific circumstances. If you are unsure whether mediation is a good fit, speak with Erin about your situation.

Mediation vs. Litigation: What Is the Difference?

The primary difference is who makes the decisions. In mediation, spouses work together to develop agreements with the assistance of a neutral mediator. In litigation, unresolved issues may ultimately be decided by the court.

Many people choose mediation because it allows discussions to occur in a more collaborative setting. Couples also keep greater control over developing their own agreements rather than asking a judge to resolve every disputed issue.

Mediation may also help preserve communication, which can be especially valuable for parents who will continue making decisions for their children after the divorce.

No approach guarantees a particular outcome, and the right option depends on your circumstances — but for couples who can negotiate in good faith, mediation is often the faster, less costly, and more private path.

How Does New York Divorce Law Affect Mediation?

Mediation helps couples resolve the legal and financial issues that must be addressed before a divorce can be finalized. The mediation process does not change New York law; instead, it helps spouses reach agreements within that legal framework.

New York is an equitable-distribution state under Domestic Relations Law (DRL) § 236(B). That means marital property is divided equitably — that is, fairly — which is not necessarily an equal 50/50 division.

New York also recognizes no-fault divorce under DRL § 170(7) based upon a sworn statement that the marriage has been irretrievably broken for at least six months. A no-fault divorce cannot be finalized until all economic and custody issues have been resolved, making mediation an option many couples use to work through those matters.

Residency requirements for filing a New York divorce are established by DRL § 230.

How Are Retirement Accounts and Pensions Addressed During Mediation?

Retirement benefits earned during the marriage may be marital property under New York law. During mediation, spouses can discuss how those interests are addressed as part of an overall settlement.

Under Majauskas v. Majauskas, 61 N.Y.2d 481 (1984), New York recognizes the default “Majauskas formula,” a coverture-fraction method for dividing the portion of a pension earned during the marriage.

When a pension division is required, implementation depends upon the type of retirement plan involved. A Domestic Relations Order (DRO) must be reviewed and approved by the applicable retirement system before a public pension can be divided.

Because retirement benefits are often among the largest marital assets, discussing them carefully during mediation helps both spouses understand their options before finalizing an agreement. Staten Island is home to many teachers, firefighters, police officers, and city workers, and each public-service pension has features that deserve close attention — see the occupation-specific pages below.

What Does the Divorce Mediation Process Look Like?

Although every family is different, mediation generally follows a series of organized discussions that allow spouses to identify issues, exchange information, negotiate solutions, and prepare a written agreement.

A typical mediation process includes:

An initial consultation to discuss whether mediation is appropriate.
Gathering financial and other relevant information.
Joint mediation sessions focused on resolving outstanding issues.
Preparation of a written settlement agreement reflecting the parties’ decisions.
Use of that agreement in the uncontested divorce process, once all required matters have been resolved.

Throughout the process, the mediator remains neutral and helps facilitate productive communication rather than deciding issues for the parties.

How Do Parenting Issues Fit Into Divorce Mediation?

Parents often use mediation to discuss future parenting arrangements in a structured environment focused on communication and practical problem-solving. The mediator does not determine what the parenting schedule should be but helps the parents work toward agreements.

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.

Because every family has unique needs, parenting discussions should be tailored to the children’s circumstances rather than following one standard template.

Mediation for Staten Island’s Public-Service Families

Many Staten Island families include public servants whose retirement benefits and work schedules deserve careful attention during divorce mediation. Mediation provides a structured setting to address these issues directly.

Teachers — retirement benefits including the TRS pension, a Tax-Deferred Annuity, and deferred compensation, with sessions scheduled around the school calendar. See the Teachers page.

Firefighters — the FDNY pension and its related benefits, with sessions scheduled around 24-hour tours. See the Firefighters page.

Police officers — the NYPD pension and its related benefits, with flexible scheduling around rotating tours. See the Police Officers page.

City workers — NYCERS and other city retirement systems, deferred compensation, and confirming the correct system for the member’s title. See the City Workers page.

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 your circumstances and whether mediation is the right fit.
If it is, I tell you exactly what to bring to the first meeting, including the financial and other documents we’ll need.
At the first joint session, both spouses meet with me to identify the issues, set goals, and begin the conversation.
As you reach agreements, I put them into a written settlement agreement.
Once everything is resolved, that agreement is used to complete your uncontested divorce under New York law.

Frequently Asked Questions

How does divorce mediation work in New York?

A neutral mediator helps both spouses negotiate the agreements needed to end the marriage — property, finances, and parenting. The mediator does not represent either spouse and does not decide disputed issues; the spouses make the decisions, and the mediator keeps the process organized and productive.

Is mediation cheaper than 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, and each spouse may choose to pay a review attorney before signing — but for couples able to negotiate in good faith, mediation is typically the most cost-effective path to a finalized divorce.

Do we each still need our own lawyer if we mediate?

You are not required to, though many couples choose to have an independent review attorney look over the agreement before signing. As the mediator I stay neutral and don’t represent either of you; a review attorney gives one spouse individual advice on the specific terms. Because mediation resolves the issues cooperatively, that review is usually far more limited than full litigation counsel.

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. The exact timeline depends on how many issues need resolving and how quickly both spouses exchange financial information — but because you are not waiting on a crowded court calendar, mediation is generally the faster route.

Can we mediate if we don’t agree on everything yet?

Yes. Many couples begin mediation before reaching agreement. The process is designed to identify the issues, explore options, and work toward solutions you both can accept.

Is a mediated agreement legally binding in New York?

Once signed, your settlement agreement is a binding contract, and it becomes part of your uncontested divorce after the required legal steps are completed. Each spouse may have the agreement reviewed by an independent attorney before signing.

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, review the proposed agreement before you sign, and make sure you understand your rights at each step. I keep that role entirely separate from any case I mediate.

How is property divided in a New York divorce?

New York follows equitable distribution under DRL § 236(B), meaning marital property is divided fairly, which is not always an equal division.

Are pensions considered marital property?

The portion of a pension earned during the marriage is generally marital property. Majauskas v. Majauskas, 61 N.Y.2d 481 (1984) establishes New York’s default formula for dividing that marital portion, and a public pension is divided through a Domestic Relations Order (DRO) the retirement system must approve.

Can we file for a no-fault divorce after mediation?

Yes. New York recognizes no-fault divorce under DRL § 170(7), but the judgment cannot be finalized until all economic and custody issues are resolved — which is exactly what mediation accomplishes.

Whether you are just beginning to consider divorce or want to learn whether mediation may be right for your family, schedule a consultation with Erin K. Colgan of Angiuli & Gentile. The firm serves Staten Island, Richmond County, and the greater New York City area from its office at 1493 Hylan Boulevard, Staten Island, NY 10305. Call (718) 550-0466 to discuss your situation.