In a New York divorce, an RJI (Request for Judicial Intervention) is the court filing that gets a judge assigned to your case. Filing for divorce and buying an index number starts the action, but no judge looks at anything until someone submits an RJI. Once it’s filed, the court randomly assigns a judge who then manages the case from the first conference through final judgment. The plaintiff must file it within 45 days of serving the summons, and the fee is $95.
What the RJI Actually Does
New York Supreme Court cases don’t come with a judge attached. Purchasing an index number from the county clerk and serving the summons opens the file, but the case has no judicial oversight until an RJI is filed.1New York State Unified Court System. Getting a Judge Assigned to Your Case (Supreme and County Court RJI) The filing triggers random assignment of a judge, and every proceeding after that happens before the same judge.
That judge handles scheduling, discovery deadlines, temporary orders for child support or spousal maintenance, settlement conferences, and trial if the case gets that far. In a contested divorce where the spouses disagree about assets, custody, or support, this is the oversight that keeps the case from stalling indefinitely.
The 45-Day Deadline
In matrimonial actions, the plaintiff has to file the RJI within 45 days of serving the summons and complaint (or summons with notice). If both spouses sign and file a Notice of No Necessity, the deadline extends to 120 days.2Legal Information Institute. New York Code 22 NYCRR 202.16 – Matrimonial Actions; Calendar Control of Financial Disclosure
This 45-day rule is specific to divorce. Other Supreme Court cases let you file an RJI any time after service.3Legal Information Institute. New York Code 22 NYCRR 202.6 – Request for Judicial Intervention The Notice of No Necessity option is designed for couples who are quietly negotiating and genuinely don’t need a judge yet. If you already have conflict over custody, finances, or temporary support, waiting 120 days isn’t realistic. Most contested cases need a judge assigned early.
If you’re the defendant and the plaintiff hasn’t filed within the 45 days, you can file the RJI yourself to push the case forward.
How to File
For a contested divorce, you use form UCS-840, which asks for the case caption, index number, nature of the action (check “Matrimonial — Contested”), the status of service, the reason you need judicial intervention (preliminary conference, motion, order to show cause), and any related cases. If children under 18 are involved, you also attach form UCS-840M.
The filing fee is $95.4New York State Unified Court System. Filing Fees You pay at the county clerk’s cashier, then submit the receipt with the original RJI and a copy to the court’s back office.5New York State Unified Court System. How to File a Request for Judicial Intervention A copy of the RJI, along with whatever papers it relates to, has to be served on your spouse or their attorney.3Legal Information Institute. New York Code 22 NYCRR 202.6 – Request for Judicial Intervention
One point of confusion worth clearing up: the RJI doesn’t create your index number. You buy the index number from the county clerk when you first file the divorce, and the RJI references it.
Contested Versus Uncontested Cases
Uncontested divorces use a different form, the UD-13, labeled “Uncontested Matrimonial Request for Judicial Intervention.” You check “Note of Issue” as the nature of judicial intervention, because the case is ready for final processing rather than active management. Within New York City, uncontested divorce actions don’t require an RJI fee.3Legal Information Institute. New York Code 22 NYCRR 202.6 – Request for Judicial Intervention Outside the city, fee rules can vary by county.
Contested cases go the standard UCS-840 route, $95 fee, random judge assignment, and the full case-management process that follows.
What Happens After You File
Once the RJI is filed and a judge is assigned, the court orders a preliminary conference to be held within 45 days. Both spouses have to attend in person, and the judge personally addresses them.2Legal Information Institute. New York Code 22 NYCRR 202.16 – Matrimonial Actions; Calendar Control of Financial Disclosure
At least 10 days before the conference, both parties have to exchange and file financial documents, including a Statement of Net Worth, pay stubs for the current year plus the last stub from the prior year, three years of tax returns, W-2s and 1099s, three years of bank and investment statements, and statements for retirement accounts and life insurance policies with cash value. If both spouses have attorneys, the lawyers are expected to confer beforehand and try to agree on scheduling and procedural issues.2Legal Information Institute. New York Code 22 NYCRR 202.16 – Matrimonial Actions; Calendar Control of Financial Disclosure
At the conference itself, the judge sets discovery deadlines, schedules future conferences, and may issue temporary orders covering child support, spousal maintenance, or exclusive use of the marital home.
Why Filing Matters for Automatic Orders
New York divorce cases trigger automatic restraining orders the moment the summons is filed (for the plaintiff) or served (for the defendant). Those orders bar either spouse from selling or hiding assets, raiding retirement accounts, running up unreasonable debt, dropping health or life insurance covering the family, or changing insurance beneficiaries. They stay in effect until the divorce is finalized, dismissed, or modified by a court.6New York State Senate. New York Domestic Relations Law 236
Those orders exist whether or not an RJI has been filed. The practical catch is enforcement. If your spouse violates an automatic order, or if you need permission to modify one (say, to sell a jointly owned property before the divorce is final), you need a judge. And you don’t get a judge until the RJI is filed.
The same logic applies to emergencies. If you need temporary custody, an order of protection, or an injunction stopping your spouse from draining an account, you typically file an order to show cause, and the RJI goes with it so the court can assign a judge to review the application.7NYCOURTS.GOV. RJIs and Assignments Some ex parte applications are routed to a dedicated ex parte judge instead of going through random assignment, and in those situations the fee may be waived depending on the application.3Legal Information Institute. New York Code 22 NYCRR 202.6 – Request for Judicial Intervention
What Happens If No One Files
Without an RJI, your divorce has no judge, no preliminary conference, no discovery deadlines, no temporary orders, and no path to trial. The case just sits. That particularly hurts in contested cases where one spouse benefits from delay, like when they control the family finances or occupy the marital home.
The downstream problems compound. You can’t get temporary child support or maintenance, which leaves the lower-earning spouse in limbo. You lose the court’s power to compel discovery, so a spouse who’s hiding assets faces no consequence. And if the plaintiff misses the 45-day deadline without a Notice of No Necessity on file, the court may treat it as neglect of the case, which creates complications later.2Legal Information Institute. New York Code 22 NYCRR 202.16 – Matrimonial Actions; Calendar Control of Financial Disclosure
The RJI isn’t a dramatic step, but it’s the one that decides whether your divorce actually moves. If you’re the plaintiff, treat the 45 days as a hard deadline. If you’re the defendant and the plaintiff hasn’t filed, file it yourself.