Why This Issue Matters

Not every decision in your divorce or custody case is “final.” Many rulings made along the way—such as temporary support, custody, or discovery orders—are interlocutory orders. These are interim decisions, not the ultimate judgment that ends your case.

If you disagree with a final judgment, you have a right to appeal within 45 days. But when it comes to interlocutory orders, the process is very different: you must file a motion for leave to appeal. And the Appellate Division grants such requests sparingly.

What Is a Motion for Leave to Appeal?

A motion for leave to appeal is a request for the Appellate Division to review a trial court’s order before the case is over. Unlike appeals from final judgments, there is no automatic right to appellate review of interlocutory rulings.

In family law cases, interlocutory orders often involve:

• Temporary (pendente lite) alimony or child support
• Interim custody or parenting time decisions
• Discovery sanctions or orders limiting access to critical financial records
• Orders to sell or transfer marital assets before trial

Because these rulings can reshape a case long before trial, litigants sometimes seek immediate appellate intervention. But the law sets a very high bar.

The Appellate Division Standard: “Interest of Justice”

Under Rule 2:2-4, the Appellate Division may grant leave to appeal an interlocutory order only “in the interest of justice.” Courts have consistently held that this power is exercised very sparingly. In practice, the “interest of justice” standard has been interpreted to require extraordinary circumstances, typically when:

1. The order presents a substantial legal issue that requires immediate review;
2. Irreparable harm will occur if review is delayed until after final judgment;
3. The order risks a miscarriage of justice if not corrected promptly; or
4. Immediate review will promote judicial economy by avoiding prolonged or unnecessary litigation.

The New Jersey Supreme Court has emphasized that this relief is reserved for situations where failure to intervene could cause “some grave damage or injustice.” Brundage v. Estate of Carambio, 195 N.J. 575, 599 (2008). And the Appellate Division has cautioned that piecemeal appeals are “anathema” to sound judicial practice. Frantzen v. Howard, 132 N.J. Super. 226, 227–28 (App. Div. 1975).

When Interlocutory Relief May Be Justified

While rare, the Appellate Division has intervened when a trial court’s interim order would have immediate, irreversible consequences. Examples include:

• Custody relocation orders that permit a parent to move a child out of state before trial;
• Discovery sanctions that prematurely strike pleadings in violation of Rule 4:23-5(a), effectively ending one party’s ability to present their case;
• Orders requiring the sale of marital property that cannot be undone if appellate review is delayed;
• Rulings on disqualification of a judge or attorney, since forcing parties to proceed before a potentially conflicted judge or with conflicted counsel may compromise the fairness of the entire proceeding; and
• Cases where judicial economy favors early intervention because deciding one narrow issue now could avoid years of unnecessary litigation.

What This Means for You

• Interlocutory appeals are not automatic. You must persuade the Appellate Division that your situation meets the demanding “interest of justice” standard.
• Most interim rulings must wait until final judgment. Even if leave to appeal is denied, the issue can usually still be raised after the case concludes.
• Timing is critical. A motion for leave must be filed within 20 days of the order you want to challenge (shorter than the 45-day rule for final appeals).
• Strategic judgment matters. The strongest motions focus on a narrow, clearly identifiable error that risks irreparable harm or injustice.

A Final Word

Motions for leave to appeal are a powerful but limited tool in New Jersey family law cases. They are granted only when waiting until the end of the case would cause serious harm or deny a fair outcome.

As someone who has handled more than 80 appeals in the New Jersey Appellate Division and 12 before the New Jersey Supreme Court, I know how critical it is to evaluate whether your circumstances meet this demanding standard. If you are facing a pivotal ruling and wondering whether an interlocutory appeal is right for you, we are ready to help.