Q: Is a Divorce decree final if there are open unresolved matters and there is an RMC scheduled? When is a decree final?
A:
A divorce decree is final in Arizona when all of the following criteria are met:
1. The Decree has resolved all issues related to the Petition for Dissolution.
2. The Decree states no matters remain pending.
3. The Decree states it is entered under Rule 78(c).
4. The judge signed the Decree.
If any issues remain pending, the Decree can be certified as final if it states that (1) issues remain pending, (2) but there is not just cause for delay, and (3) that the Court enters the order as a final, appealable judgment under Rule 78(b).
This can be a very difficult thing to assess. I recommend you consult with an attorney.
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