Certification of no appeal on a divorce decree

[Andrea Sattler]

What is the name of your state (only U.S. law)? Alabama.
Hello, how can i get a certificaton of no appeal for my divorce decree ? I need it for a german court to acknowledge my alabama divorce decree.

 

[latigo]

What is the name of your state (only U.S. law)? Alabama.
Hello, how can i get a certificaton of no appeal for my divorce decree ? I need it for a german court to acknowledge my alabama divorce decree.

I suppose like here you simply prepare the document and submitted it for certification by the clerk of the court where the decree was entered.

 

[not2cleverRed]

I believe that the problem you are encountering is that you are dealing with 2 different legal systems.

Generally, in the US, the divorce decree is considered finalization of a divorce - in the US the time to contest or appeal a divorce is before it is finalized and a decree issued.

I suggest that you contact someone in Germany more knowledgeable than the bureaucrats you are dealing with. Perhaps the US consulate can guide you towards the appropriate resources.

 

[Ohiogal]

I believe that the problem you are encountering is that you are dealing with 2 different legal systems.

Generally, in the US, the divorce decree is considered finalization of a divorce - in the US the time to contest or appeal a divorce is before it is finalized and a decree issued.

I suggest that you contact someone in Germany more knowledgeable than the bureaucrats you are dealing with. Perhaps the US consulate can guide you towards the appropriate resources.

Not necessarily. Here, you can appeal up to 30 days after a final decree is issued if by a judge after a trial before a judge -- different times if the magistrate issues his recommendations and a judge signs on it. So you are wrong on that. Do you know what the appellate time and process is in Alabama?

 

[not2cleverRed]

Not necessarily. Here, you can appeal up to 30 days after a final decree is issued if by a judge after a trial before a judge -- different times if the magistrate issues his recommendations and a judge signs on it. So you are wrong on that. Do you know what the appellate time and process is in Alabama?

It's irrelevant to OP's question.

OP's problem is that OP is in a foreign country, trying to do the submit the paperwork to get married, and the divorce decree with that nice official seal won't cut it, because it doesn't follow the format used in that country.

Rather than ask a US law site for advice, OP should be asking someone conversant in GERMAN law.

 

[TheGeekess]

Not necessarily. Here, you can appeal up to 30 days after a final decree is issued if by a judge after a trial before a judge -- different times if the magistrate issues his recommendations and a judge signs on it. So you are wrong on that. Do you know what the appellate time and process is in Alabama?

It's 60 days in Bama.

Section 30-2-10
Sixty-day restriction on remarriage of parties after grant of divorce or pending appeal of divorce.

When a judgment has been entered granting a divorce in this state, the court shall order that neither party shall again marry, except to each other, until 60 days after the judgment is entered, and that if an appeal is taken within 60 days, neither party shall again marry, except to each other, during the pendency of the appeal.
(Code 1907, §3811; Code 1923, §7425; Code 1940, T. 34, §38.)

http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/30-2-10.htm

The judge has 30 days before he can enter the final divorce decree.

Section 30-2-8.1
Waiting period prior to issuance of final judgment of divorce; temporary orders prior to expiration of waiting period.

(a) A court shall not enter a final judgment of divorce until after the expiration of 30 days from the date of the filing of the summons and complaint.

(b) This section shall not restrict the power of the court to enter any temporary orders necessary prior to the expiration of the waiting period. The temporary orders may include, but shall not be limited to, temporary orders on custody, spousal or child support, visitation, exclusive occupancy of the marital residence, or restraining the parties.
(Acts 1996, 1st Ex. Sess., No. 96-51, p. 70, §1.)

http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/30-2-8.1.htm

 

[Ohiogal]

It's irrelevant to OP's question.

OP's problem is that OP is in a foreign country, trying to do the submit the paperwork to get married, and the divorce decree with that nice official seal won't cut it, because it doesn't follow the format used in that country.

Rather than ask a US law site for advice, OP should be asking someone conversant in GERMAN law.

YOU are the one who brought it up. I was correcting your misinformation and TheGeekess provided the actual time period. You were incorrect with what you stated.