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
Do I Need a Reason to Get Divorced?
While no-fault divorces offer an effective solution to end your union, you should still work with a divorce attorney. Your lawyer will protect your best interests and ensure you get what you need in your divorce.
What Is a No-Fault Divorce in North Carolina?
North Carolina is a no-fault state for divorce. That means neither party must have acted wrongfully to achieve a divorce. A no-fault divorce simply means the spouses consider the marriage broken and can no longer be salvaged.
Fault divorce has historically been granted for things like adultery, cruelty, desertion, incarceration, insanity, or impotence. However, making such claims in North Carolina is no longer necessary.
How Fault Still Affects a North Carolina No-Fault Divorce
Although North Carolina is a no-fault divorce state, a fault may be considered to determine spousal support or alimony. When determining post-separation support or alimony after a divorce, the court will consider “marital misconduct.”
Marital misconduct includes:
- Illicit sexual behavior (including cheating or adultery)
- Imprisonment for a period
- Abandonment
- Maliciously turning the other spouse out of the home
- Cruel treatment or endangering the life of the other spouse
- Indignities that make life intolerable
- Reckless spending or destruction of assets
- Addiction or excessive use of drugs or alcohol
- Willful failure to provide necessities when able
If the court finds evidence of marital misconduct, then alimony or spousal support is more likely to be awarded. The amount may be increased depending on the severity of the misconduct.
What Is Required for No-Fault Divorces?
There are only two requirements to obtain a no-fault divorce in North Carolina: separation and residency.
When parties seek a no-fault divorce, they must have been physically separated for at least one year. That means at least one spouse must have permanently intended to end the marriage. You cannot resume the marital relationship at any time before the year timeline.
Additionally, you must live separately and apart for 12 continuous months. You cannot live within the same residence, share living expenses and household duties, and live as a couple. You must live in separate residences.
Another requirement is that at least one party must be a resident of North Carolina for six months or more before the divorce. One party may move out of state, but at least one of you must remain in North Carolina to get a divorce in the state.
What Are the Outcomes of a North Carolina No-Fault Divorces?
When you get a no-fault divorce, you are entitled to everything you would generally get in a fault divorce. That includes:
How Do You File for No-Fault Divorce?
You must first meet the requirements to file for a no-fault divorce in North Carolina. If you have been separated for at least one year and one of you has been a resident of the state for six months or more, then you should take the following steps to get an absolute divorce:
- Draft a complaint that states the facts of your case and requests regarding custody, support, and property
- Serve your complaint and summons on your spouse
- Include a Domestic Civil Action Cover Sheet and Affidavit along with your complaint
- File all necessary documents with the county in which you reside
- Pay the court filing fee or apply to file as an indigent party (so you don’t have to pay the filing fee)
- Receive an answer from your spouse
- Work to negotiate a divorce agreement and settle matters out of court
- Go to a court hearing to finalize your divorce
Although there is no complaint form, many of the documents you will need to obtain a divorce are available on the North Carolina Judicial Branch website.
Will I Need a Lawyer for My No-Fault Divorce?
While a lawyer is not required to get a divorce, it is in your best interest to work with someone who will protect you throughout the process. A divorce lawyer can expedite the process by ensuring your legal documents are correctly completed and filed on time. They can negotiate with your spouse and their attorney. Without the help of a lawyer, you may not get the outcome you need in your no-fault divorce.
Hear from Our Clients
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.