I've heard that when it is close to 40% (maybe 35 or more) that some judge will consider it close enough. Calculate your time, or start doing it now. If you have ben asking for more time and she denies it for invalid reasons you may be able to ask for more time. Have a look at case law, there might be one to help.
I know how you feel about going to court. I am so dreading that outcome as well.
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