NJSBA Family Law Section

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  • 1.  Certificate of non-appeal

    Posted 08-15-2018 12:50 PM
    Former client is seeking something like a certificate of non-appeal, saying that there has been no appeal of her final judgment of divorce entered a couple of years ago. (JOD was entered with a MSA by default a couple of years ago).  I am pretty sure NJ courts do not provide anything like this, but client needs something like this for other purposes (pursuing dual citizenship application through the Italian government and needs to get the JOD "apostilled," which requires a certification of non-appeal)
    Best I can think of doing is to quote the NJ court rule on time to appeal final judgments (45 days) and I am not aware of any appeal being file, but apparently that is not good enough for them.
    Ideas?  NY courts do have something like this.

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    Leslie Farber Esq.
    Montclair NJ
    Ph. (973)509-8500
    email: [email protected]
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  • 2.  RE: Certificate of non-appeal

    Posted 08-15-2018 01:05 PM
    There actually is a Certificate of Non-Appeal.  You can obtain it from the Appellate Division. I believe there is a $10.00 fee.  I once had to get it for a client who continued litigation in Poland and it was required there. 

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    Very truly yours,

    Agnes Rybar, Esquire
    The Law Office of Agnes Rybar, LLC
    One Hadley Avenue
    Toms River, New Jersey 08753
     
    Phone: 732-286-7763
    Fax: 732-228-6314

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  • 3.  RE: Certificate of non-appeal

    Posted 08-15-2018 01:12 PM

    Someone just sent me a sample of the form used.  I will call the App Div to confirm the cost and filing procedure. Thanks!

     

     

    ABS0049_LeslieFarber_Logo25

    Leslie A. Farber, Attorney at Law

    33 Plymouth Street, Suite 204

    Montclair, NJ 07042-2607

    Ph. 973.509.8500 x 213

    Fax: 973.860.1174

    eMail:  [email protected]

    web:  http://www.LFarberLaw.com

     

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  • 4.  RE: Certificate of non-appeal

    Posted 08-15-2018 01:15 PM

    I had a similar issue come up with a case that I had with an over seas component.     I wrote a letter explaining the statute and the time deadlines and that a certificate of non-appeal isn't a thing in NJ.  Seemed to work out.

     

    Daniel J. Lane

     

    Sent from Mail for Windows 10

     




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