Divorce in Garfield NJ usually means you’ll file and appear in Bergen County, even if your spouse has moved to another town—or another county. The trick is knowing where to start (venue), how to start (divorce filing and service), and which New Jersey rules actually matter for your situation. This guide translates the court’s venue and filing rules into plain English so you can move with confidence.
If you live in Garfield (or nearby: Saddle Brook, Lodi, Elmwood Park), your case is handled through the Superior Court of New Jersey, Bergen Vicinage—Family Division, headquartered at the Bergen County Justice Center, 10 Main Street, Hackensack. That’s where Family Part matters are administered, and where your paperwork and hearings tie back—even if a lot of filing now happens online.
Divorce in Garfield NJ – First things first: Where do Garfield residents file?
In New Jersey, “venue” is just the county where your Superior Court case belongs. For divorce (called a “dissolution” action), venue is governed by the court rules. In plain language, it’s generally proper in the county where the cause of action arose or where either party resides when you file; Family actions have their own venue rule that ties the case to the appropriate county. Practically speaking, a Garfield resident will almost always file in Bergen County.
If you’re wondering about the courthouse details (address, phone), the Bergen Vicinage page keeps those current. The Family Division directory is also handy if you need to call about scheduling or forms.
Filing basics for Divorce in Garfield, NJ (2025)
How to file. You’ll file a Complaint for Divorce in the Superior Court, Family Division. New Jersey’s Divorce Self‑Help page walks through what to include and how to package your documents. Many filings can be submitted online via the Judiciary Electronic Document Submission (JEDS) system—open 24/7. If you e‑file, upload each required document as a separate PDF.
Serving your spouse. After filing, you must serve your spouse properly (sheriff, process server, or other court‑approved methods). Once served, your spouse has 35 days to respond by Answer, Answer & Counterclaim, or Appearance; missing that deadline risks a default.
Where you’ll go (if you need to go). Even in the age of e‑filing, some things still involve in‑person steps (or virtual appearances scheduled by the Bergen Family Division). All roads point back to the Justice Center in Hackensack for the Bergen Vicinage.
Venue scenarios we see from Garfield residents
1) You live in Garfield, your spouse lives in another Bergen town.
File in Bergen County. Venue is proper in the county where either party resides when the case starts.
2) You live in Garfield, your spouse moved to a different county (say, Passaic).
You can still file in Bergen County based on your residence (you don’t have to chase your spouse’s new county). If a venue change ever makes sense later, the rules allow it in limited circumstances, but most Garfield filings stay here.
3) Neither of you currently lives in Bergen, but your marriage issues arose while you lived here.
The rules allow venue where the cause of action arose. If the marital breakdown and most facts tie to Bergen, venue may be proper here even if both of you have since moved. (Speak with counsel to confirm the cleanest venue for your facts.)
Grounds & residency (the “can I file now?” checklist)
Residency requirement.
For most divorces, at least one spouse must have been a bona fide New Jersey resident for 12 months before filing. There’s a specific exception for adultery—the one‑year requirement doesn’t apply if adultery is your ground and at least one spouse lives in New Jersey.
Grounds.
New Jersey recognizes both no‑fault and fault grounds. The most common no‑fault ground is irreconcilable differences for six months with no reasonable prospect of reconciliation, set out in the statute. (It doesn’t require mud‑slinging.) There’s also 18‑month separation and a list of fault grounds (adultery, extreme cruelty, and others), but most people today file on irreconcilable differences because it’s simpler.
Bottom line
If you’ve lived in NJ for a year (or you fall into the adultery exception), and your marriage has had irreconcilable differences for at least six months, you can typically file now—in Bergen County if you live in Garfield.
What “filing in Bergen County” looks like (Garfield edition)
Documents to expect. Your initial packet usually includes the Complaint for Divorce, Confidential Litigant Information Sheet, Certification of Insurance, filing fee forms/waivers if applicable, and a Case Information Statement (CIS) later for financial issues. The court’s self‑help page outlines what’s required and how to attach it in JEDS.
Response timeline. After service, your spouse has 35 days to respond (Answer, Answer & Counterclaim, or Appearance). If there’s no response, you can pursue a default track with notice to your spouse. The NJ Courts’ “Responding to a Divorce Complaint” page lays out the options in plain English.
Where to call if you’re stuck. The Bergen Family Division directory lists the Hackensack office details and extensions. They can answer logistics questions (not legal advice).
“Do we have to go to Hackensack for everything?”
Not usually. Much of your case is handled on paper or virtually, especially early steps. When you do appear, it ties back to the Bergen County Justice Center. The vicinage page is your best source for current building access, hours, and contact info.
Common Garfield questions about divorce filing & venue
If my spouse moves out of state, does that change venue?
No. If you live in Garfield, you can file in Bergen County. Venue focuses on county ties; jurisdiction (the court’s power) is based on NJ residency rules and service of process—New Jersey can still hear your divorce when its residency statute is met and service is proper.
Can we pick a different county because it’s “faster”?
Venue isn’t about speed; it’s about the proper county. The court can order a change of venue in defined circumstances, but you don’t get to forum‑shop. Start where the rules say, which for a Garfield resident is Bergen.
Can I e‑file from home?
Yes—JEDS lets you submit required documents 24/7. Follow the self‑help page instructions, including uploading each required document as its own file.
How quickly will my spouse have to respond?
35 days from valid service. If no response arrives, you may seek default relief.
What ground should I choose?
Most clients use irreconcilable differences (six months)—it’s straightforward and avoids needless conflict. Ask your lawyer if a different ground (like adultery) makes sense for your facts, especially if you need the residency exception.
Final Thoughts
Filing Divorce in Garfield NJ shouldn’t feel like a maze. Start in the right county (Bergen), follow the NJ Courts checklist, and use JEDS to keep things moving. If you’re unsure about venue, residency, or the best ground to use, that’s what we’re here for.
Want a quick venue and filing check before you start? We’ll confirm your county, review your grounds and residency, and map your first filing in simple steps—so you can focus on your life, not just the paperwork. Contact Sammarro & Zalarick for a FREE confidential consultation.