You just received a ruling from a New Jersey family court judge. Perhaps it is a temporary support amount you cannot afford, or it is the Final Judgment of Divorce itself. Your first instinct may be to challenge it, but your next steps—and your chances of success—depend entirely on the type of order you received.

In New Jersey family law, not all court orders are created equal. Whether a ruling is considered final or interlocutory dictates the deadlines, legal standards, and strategies for seeking reconsideration or filing an appeal. Understanding this distinction is essential to protecting your rights and making a sound decision.

Final Orders vs. Interlocutory Orders: What Is the Difference?

The first step is to identify the type of order the court issued. The procedural rules are completely different for each.

A final order is a ruling that resolves all issues in the case as to all parties. It is the court’s last word on the matter, leaving nothing further to be decided. In family law, this almost always means:

• A Final Judgment of Divorce (FJOD)
• A final post-judgment order that fully resolves a motion for custody, support, or enforcement

An interlocutory order, by contrast, is a temporary or interim ruling issued while the case is still ongoing. It does not resolve the entire dispute but instead addresses specific issues along the way. Common examples include:

• Temporary (pendente lite) alimony or child support orders
• Interim custody schedules and parenting time arrangements
• Rulings on discovery disputes
• Orders granting or denying a request for a financial expert
• An order scheduling a plenary hearing

The Strict Rules for Challenging a Final Order

Once a judge signs a final order and it is entered on the docket, the path to changing it becomes narrow and time-sensitive. You have two primary options: a Motion for Reconsideration or a Notice of Appeal.

How a Reconsideration Motion “Tolls” Your Appeal Deadline

One of the most critical strategic rules involves how these two options interact. You have 20 days to file a Motion for Reconsideration and 45 days to file a Notice of Appeal. Under New Jersey's court rules, if you file your Motion for Reconsideration within the 20-day window, the 45-day clock to file your appeal is automatically paused, or “tolled.”

This is how it works in practice:

• Imagine you are served with a Final Judgment of Divorce on Day 1.
• On Day 15, you file a timely motion for reconsideration. At that moment, the 45-day appeal clock stops with 30 days remaining.
• If the judge takes 60 days to issue a decision on your motion, your 45-day appeal clock does not run during that time.
• Once the decision is issued, the clock resumes, and you still have your remaining 30 days to file a Notice of Appeal.

This rule is designed to promote judicial efficiency. It gives the trial judge a chance to correct a potential error without forcing you to sacrifice your right to appeal. However, this tolling provision only applies if your reconsideration motion is filed on time. Missing the 20-day deadline means the 45-day appeal clock continues to run without interruption.

The High Legal Standard for Reconsideration

Simply disagreeing with the judge’s decision is not enough to win a motion for reconsideration on a final order. As the Appellate Division confirmed in cases like Palombi v. Palombi, 414 N.J. Super. 274 (App. Div. 2010), the court’s discretion is limited. Reconsideration is reserved for rare circumstances where:

• The court’s decision was based on a “palpably incorrect or irrational basis.”
• The court failed to consider significant, probative evidence that was presented.
• You have discovered new evidence that could not have been provided to the court during the original proceeding.

The Flexible Rules for Challenging an Interlocutory Order

If your order is interlocutory, the rules are far more flexible. The court recognizes that facts and circumstances can change as a case progresses.

The “Interests of Justice” Standard

In the landmark decision Lawson v. Dewar, 468 N.J. Super. 128 (App. Div. 2021), the Appellate Division clarified that the strict 20-day deadline and high legal bar of Rule 4:49-2 (governing reconsideration of final orders) do not apply to interlocutory orders. Instead, Rule 4:42-2 governs, which allows the court to revise an order at any time before the entry of final judgment.

The standard under this rule is far more flexible, requiring only that reconsideration serves the “interests of justice.” This gives the court broad discretion to modify an earlier ruling if the factual record has evolved or new information has emerged.

Appealing an Interlocutory Order

Because the case is not over, you cannot automatically appeal an interlocutory order. Instead, you must ask the Appellate Division for permission by filing a Motion for Leave to Appeal within 20 days of the order. These motions are granted sparingly and only when necessary to prevent irreparable harm.

What This Means for You

• If your order is FINAL (e.g., a Final Judgment of Divorce): You have a strict 20-day deadline to file a Motion for Reconsideration and a 45-day deadline to file a Notice of Appeal. A timely reconsideration motion pauses (tolls) the 45-day appeal clock, which resumes only after the judge decides your motion. The legal standard for reconsideration is very high.
• If your order is INTERLOCUTORY (temporary): You have more flexibility. You can ask the judge to reconsider the ruling at any point before the case ends, and the standard is based on the “interests of justice.” To appeal this type of order immediately, you must file a Motion for Leave to Appeal within 20 days.

Navigating these procedural rules requires a precise understanding of appellate law and strategy. An error in timing or approach can prevent you from challenging an unfair or incorrect ruling.

Turn to an Experienced Appellate Advocate

We have extensive experience with the procedural and substantive complexities of New Jersey family law appeals and complex motions. This experience is not theoretical. Whether we are seeking to correct a trial court’s legal error through a motion for reconsideration, protecting a client’s rights mid-case with a motion for leave to appeal an interlocutory order, or prosecuting a full appeal from a Final Judgment of Divorce, our focus is on strategic, effective advocacy. We have a proven record of navigating the unique demands of the Appellate Division and fighting for the right outcome for our clients.

Whether you are a litigant facing an adverse ruling or an attorney seeking experienced appellate counsel for a referral, we have the specialized knowledge to protect your interests.

Contact us today for a consultation to review your case and discuss your options.