RJI filing, do I HAVE to wait 41 days to file?

Q: My ex spouse will not sign the affirmation of defendant but was served the divorce papers and took them. He said he is not signing any paper work to proceed in any divorce proceedings. Can I just submit the affirmation of service a long with the required paper work to get the case on the calendar or theres no way around waiting the 41 days after service? I want this to proceed and be done with. Especially if the judge for our custody and child support case said she’ll pick it up if an RJI is filed.

A: In my humble experience, you’re supposed to wait the 40 days after service to file the RJI. That said, any given Judge/Referee has the discretion to overlook the deadline, so you’ll need to weigh the risk of jumping the gun. Call a Bronx Family Law attorney for more info.