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What happens if no rji is filed in a divorce action after 45 days (without Notice of No Necessity)?
Anonymous4 views5 answers
What happens if a Summons for divorce is served, but no Complaint, and then following a Notice of Appearance by the served party, together with a Demand for Complaint, still no Complaint is served, and no RJI is entered after 45 days?
Nothing happens but the RJI can still be filed. Filing it is the way to get in front of a judge or obtain a judgment of divorce if the case is resolved or there is a default.
There is no set time as to when an RJI must be filed. However, once there is a Notice of Appearance with a demand for a Complaint, the Complaint must be served within 20 days, unless an extension to do so has been granted. Without that extension and no complaint having been served as required, you can move to dismiss. However, chances are that the Plaintiff will be able to re-institute the action.. The filing of such a motion will cost 45 dollars and as no RJI has been filed, you will be required to file one and the cost is $95.00. My advice is for you to file just the RJI and ask for a preliminary conference. That will get the case before a judge, who will then set dates for all necessary actions to be taken by both sides and you will save the $45.00. You should consult with an attorney.
Depending upon the county, in all probability - nothing. The papers normally just sit in a file in the County Clerk's office until and unless either party files an RJI.
