Our Origin Story & Mission
EVERY HERO FACES ADVERSITY
Growing up in a tough environment, Attorney Jonathan Breeden fought back and now fights for others facing family legal battles. For over 25 years, the Breeden Law Office has empowered families in North Carolina—helping mothers, fathers, and hard-working people take control, protect their kids, and secure better futures.
With a focus on safeguarding children and standing up for mistreated spouses, we’re the ally you need for whatever family challenges lie ahead. Your story is just beginning – call Breeden Law today.
More About Breeden Law Office
About the Firm
Founded in 2005, the Breeden Law Office serves Johnston, Wake, and Harnett counties. We are unique, answering our clients’ questions before they ask them.
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WHY CHOOSE BREEDEN LAW OFFICE:
25
+Years of Experience
4
+Office Locations
20
+Attorneys and Staff Members
1,000
+Clients Served
300
+5-Star Reviews
How Does Divorce Work When Spouses Live in Different States?
Are you supposed to file in the state where you were married, or if you moved, should you file in the state where you currently live? There are some couples who, upon separation, move to different homes, cities, or even different states. If you and your spouse are living in different states, where do you file for divorce?
Residency Requirements
Couples are not required to file for divorce in the state in which they were married. Instead, either spouse can file in the state in which they have established residency. Residency requirements vary by state. For example, North Carolina requires that either you or your spouse have been a resident of the state for at least six months prior to filing for divorce. If you and your spouse live apart, but you both live in North Carolina, you can file in either your county or your spouse can file in his or her county.
Serving an Out-of-State Spouse
Serving an out-of-state spouse can be tricky, especially if you and your spouse are estranged and you’re not sure of his or her correct address. However, your spouse must be properly served the divorce papers in order to continue the case. Generally, you should request service of the divorce papers at your spouse’s last known address.
If he or she no longer resides there, you can serve “by publication,” meaning you publish a notification of intent to divorce in a local newspaper once a week for three weeks. North Carolina law states that service by publication may only be exercised if you have already diligently tried to serve your spouse in a more direct way, such as in person, by certified mail, or by designated delivery service.
Breeden Law offered exceptional service. I felt extremely comfortable talking with Jonathan and the office staff was pleasant and organized.
Mr. Breeden was very professional. He gave me honest input regarding possible outcomes of my case. He was very responsive when I had a question and when responding to emails. He knows custody law very well and got me exactly what I wanted with regards to my case. I would definitely use him again if needed.
A custody battle is never easy; even harder when you are a grandparent seeking custody. Jonathan Breeden handled our case with great diligence, but oh so delicately. I received full, permanent custody, with no harsh feelings from any parties concerned. Together with Jonathan, there was even suitable visitation arrangements made.