Jason Biggs and Jenny Mollen's Amicable Split Highlights New York's Uncontested Divorce Path
Jason Biggs and Jenny Mollen confirmed their amicable separation on May 14, 2026, after 18 years of marriage, then stepped out together for a NYC family dinner on June 8, 2026 (TMZ). For the New York-based couple sharing sons Sid (12) and Lazlo (8), their child-focused approach mirrors what New York's uncontested divorce process under N.Y. Dom. Rel. Law § 170(7) is built to encourage: resolution without litigation.
Key Facts
| Detail | Information |
|---|---|
| What happened | Jason Biggs and Jenny Mollen confirmed an amicable separation and were photographed at a family dinner together |
| When | Split announced May 14, 2026; joint family dinner June 8, 2026 |
| Where | New York City (couple is New York-based) |
| Who's affected | The couple and their two sons, Sid (12) and Lazlo (8) |
| Key statute/rule | N.Y. Dom. Rel. Law § 170(7) (no-fault); DRL § 240 (custody) |
| Impact | Demonstrates how amicable couples resolve custody and property without a contested trial |
Why This Matters Legally
An amicable separation does not bypass the legal divorce process — it changes how that process is conducted. Even when both spouses agree on everything, New York still requires a formal judgment of divorce, a written settlement agreement, and judicial sign-off on any custody arrangement involving minor children. The difference between an amicable and a contested divorce is procedural intensity, not whether the law applies.
New York adopted no-fault divorce in 2010 under N.Y. Dom. Rel. Law § 170(7), which allows a divorce when the marriage has been "irretrievably broken" for at least six months. This is the most common ground used in amicable splits because it removes the need to prove wrongdoing. Crucially, a court cannot grant the no-fault divorce until all ancillary issues — custody, child support, spousal maintenance, and property division — are fully resolved, either by agreement or by the court.
How New York Law Handles This
New York courts decide custody using the "best interests of the child" standard under N.Y. Dom. Rel. Law § 240, and judges generally favor arrangements that both parents have negotiated themselves. When co-parents present a joint agreement, the court reviews it to confirm it serves the children's interests, then incorporates it into the divorce judgment. New York recognizes both joint legal custody (shared decision-making on education, health, and religion) and joint physical custody (shared parenting time).
Property division follows New York's equitable distribution rule under N.Y. Dom. Rel. Law § 236(B). "Equitable" means fair, not necessarily equal — the court considers the length of the marriage (18 years here would weigh toward substantial sharing), each spouse's income and assets, and contributions to the marriage, including non-financial ones. Amicable couples typically resolve this through a negotiated settlement agreement rather than asking a judge to divide assets.
Child support is calculated under New York's Child Support Standards Act, codified at N.Y. Dom. Rel. Law § 240(1-b). The guideline applies fixed percentages to combined parental income: 17% for one child, 25% for two children, 29% for three. With two sons, the presumptive support figure starts at 25% of combined parental income up to the statutory cap, which is adjusted periodically. Parents may agree to deviate from the guideline, but the agreement must explain the reason and the court must find the deviation appropriate.
For couples who agree on every issue, New York offers an uncontested divorce — a streamlined paper-based process that does not require a trial or, in most cases, a court appearance. The spouses file the divorce papers along with their signed settlement agreement, and a judge reviews and signs the judgment. This is the path most amicable, child-focused couples pursue.
Practical Takeaways
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Put the parenting plan in writing before filing. A detailed custody and visitation schedule — including holidays, school breaks, and decision-making authority — submitted under DRL § 240 prevents future disputes and speeds court approval.
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Use a single settlement agreement to cover everything. New York requires custody, support, maintenance, and property division to be resolved before a no-fault judgment under DRL § 170(7) can be granted. A comprehensive agreement keeps the process uncontested.
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Run the child support numbers correctly. New York's guideline applies 25% of combined parental income for two children under DRL § 240(1-b). Any agreed deviation must be justified in writing and approved by the court.
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Consider consulting separate attorneys even when amicable. One lawyer cannot ethically represent both spouses. Each party should have independent review of the settlement agreement to ensure it is enforceable and fair.
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Choose the uncontested track if you agree. New York's uncontested divorce avoids a trial, reduces cost, and typically resolves faster — but only works when both spouses sign off on all terms.
Frequently Asked Questions
How does an amicable divorce work in New York?
In New York, an amicable divorce uses the uncontested process under DRL § 170(7). Both spouses sign a settlement agreement resolving custody, support, and property, then file paperwork for a judge to review. No trial is required, and most couples avoid a court appearance entirely.
Do amicable couples still need a custody order in New York?
Yes. Even when parents agree, New York courts must approve any custody arrangement involving minor children under DRL § 240. The judge reviews the parenting plan for the children's best interests and incorporates it into the final divorce judgment, making it legally enforceable.
How is child support calculated for two children in New York?
New York applies 25% of combined parental income for two children under the Child Support Standards Act, DRL § 240(1-b). The percentage applies up to a statutory income cap that is adjusted periodically, with courts able to consider income above the cap based on the children's needs.
Is New York property divided 50/50 in a divorce?
No. New York follows equitable distribution under DRL § 236(B), meaning marital property is divided fairly rather than automatically in half. For an 18-year marriage, courts weigh income, contributions, and assets, often producing a substantial but not necessarily equal split.
Can one attorney represent both spouses in an amicable divorce?
No. New York's ethics rules prohibit a single attorney from representing both spouses because their interests can conflict. Each spouse should obtain independent legal review of the settlement agreement to confirm it is fair and enforceable before signing and filing.
Moving Forward
If you and your spouse are pursuing an amicable separation in New York, understanding your options under the uncontested divorce process can save significant time, money, and stress. A consultation with a New York family law attorney can help you draft an enforceable settlement agreement and parenting plan tailored to your family.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.