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Feb 17, 2019 20:06
5 yrs ago
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English term

CONF Matr Uncontest

English to French Law/Patents Law (general) certificat de non appel, divorce
KINGS COUNTY CLERK'S OFFICE Brooklyn N.Y.
CITY AND STATE OF NEW YORK COUNTY OF KINGS
I, X, Clerk of the County of Kings, do hereby certifiy that I have examined the records of my office and find the following named papers on file,
Opened: (date) Type:*CONF Matr Uncontest
Z vs Y
Atty: Y Atty:
Copy jdgment. notice entry, afft. svc.
Judgment of divorce
Note of issue
Req. judical interven. (no fee) pursuant to section 202. 6(b) p
Summons and Verified Compl.
Total: 5
Proposed translations (French)
5 CONFIDENTIEL Divorce incontesté

Discussion

Ph_B (X) Mar 7, 2019:
Eliza Hall Mar 7, 2019:
A few references Ph-B wanted more references, so here are a few:

Canadian legal aid society: "On parle de divorce incontesté lorsque les conjoints s’entendent sur toutes les modalités du divorce." (p.10 of PDF here: www.cliapei.ca/sitefiles/File/publications/Francais/FFAM31....

Francophone law firm serving French speakers in New York (where Mary-Ann's original text is from): "Le divorce incontesté signifie simplement que votre conjoint ne s'oppose pas au divorce." https://www.aaalawyer.com/fr/secteur-de-pratique/droit-de-la...

French Wikihow page on obtaining a divorce in the US state of Texas, listing the documents you need: "Un formulaire pour un divorce incontesté..." https://fr.wikihow.com/demander-le-divorce-au-Texas

Canadian law firm: "Droit de la famille (règlement à l'amiable et divorce incontesté)" http://www.fr.passportcanada.com/expertises
Eliza Hall Feb 21, 2019:
Conf = confidential, not conference This text is describing the records that this court (King's County Supreme Court) has of a certain case. The "type" of case is "CONF Matr Uncontest." It doesn't make sense for the word "conference" to be part of the type of case.

In New York, matrimonial (i.e. divorce) cases are confidential (see link at question 3). Most likely, CONF appears right at the top of the record, under case type, to alert any clerk reviewing the file that unlike every other type of civil case, this case is confidential and thus records should not be released to the public.

http://www.nycourts.gov/courts/2jd/kings/civil/matrimonial.s...
Mary-Ann Marque (asker) Feb 17, 2019:
ok how would you translate it into French, please?
Ph_B (X) Feb 17, 2019:
[Court] Conf(erence) Matr(imonial) [Court] Uncontest(ed) [Divorce] ?
« The matrimonial clerks are responsible for scheduling Preliminary Conferences, processing uncontested divorces and notifying parties when … » (http://www.nycourts.gov/courts/2jd/kings/civil/matrimonial.s...

Proposed translations

3 days 8 hrs

CONFIDENTIEL Divorce incontesté

This text is describing the records that this court (King's County Supreme Court, a court of first instance) has of a certain case. The "type" of case is "CONF Matr Uncontest."

Here's a link from that very court with a FAQ on divorce cases. It is entitled "Matrimonial (Divorces)," so obviously "Matr" in the "Type of case" section means it was a divorce case: http://www.nycourts.gov/courts/2jd/kings/civil/matrimonial.s...

There are two types of divorce: contested (one spouse doesn't want the divorce, or they both do but they disagree about who gets what) and uncontested (both spouses want it, and they agree about who gets what).

Apparently this court files those two types of cases separately, as either "Matr Uncontest" or, presumably, "Matr Contest." According to the link ("Overview" section), uncontested divorces are processed by court clerks. Presumably contested ones are handled by judges.

Also according to that link, divorce cases are confidential. Normally in the US, civil and adult criminal (but not juvenile criminal) case records are entirely public; anyone can access them. In New York, apparently, divorce records are not public; they're confidential. (See question 3 at the link for more on that).

So that would be why CONF is indicated in all-capitals at the very start of the file: to remind court clerks that unlike every other type of civil case, this particular case is confidential so records should not be released to anyone but the parties or their lawyers.

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Note added at 3 days 8 hrs (2019-02-21 04:37:32 GMT)
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PS: In New York state, unlike every other US state, the courts of first instance are called Supreme Courts (X County Supreme Court). Every other state, and the federal government, uses "Supreme Court" to mean the final court of appeal.

New York cases that get appealed proceed like so: (1) filed and decided in X County Supreme Court; (2) appealed to the Supreme Court, Appellate Division; and finally, (3) appealed to the New York Court of Appeals.

1e instance: https://en.wikipedia.org/wiki/New_York_Supreme_Court

1e appel: https://en.wikipedia.org/wiki/New_York_Supreme_Court,_Appell...

Dernier appel: https://en.wikipedia.org/wiki/New_York_Court_of_Appeals

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Note added at 5 days (2019-02-23 14:17:57 GMT)
--------------------------------------------------

@PhB: we don't need to find a trace in the Civil Code or elsewhere in French law, because this is a New York legal term that means a specific thing in New York -- there isn't necessarily an exact equivalent in French. Even American non-lawyers won't be 100% sure exactly what an "uncontested divorce" involves. You just need to translate the words; anyone who cares exactly what their ramifications are in New York divorce litigation would have to look it up, whether the words are in English or in French.
Peer comment(s):

neutral Ph_B (X) : « divorce par consentement mutuel » ?/Pas de trace dans les textes de réf. habituels. Merci pour les explications sur les tribunaux n.-y./ OK, va pour « divorce incontesté » si vous pensez que c'est la bonne réponse.
12 mins
"Divorce incontesté" is a French legal term: http://france.siam-legal.com/droit-de-la-famille/le-divorce-...
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