Smithfield Family Lawyer

Get the Life Your Family Deserves.

Attorney Jonathan Breeden protects and serves families in Smithfield, NC. Whether it involves divorce, custody, or other family issues, we give our clients and their children a voice and the chance to create a new life.

(919) 300-7290

Divorce In North Carolina: What You Need To Know

A book by Jonathan Breeden

Headshot of attorney Jonathan Breeden

Attorney Breeden:
Your Family Deserves Every Protection

Some things can change your entire family’s life. That’s why it is always best to have an experienced and driven attorney fighting for you and the result you deserve.

Attorney Jonathan Breeden has a long history of helping families throughout Johnston County. From routine custody issues to high-complex, divorces, and everything in between if your family needs legal help, Breeden Law Office will deliver honest assessments, fierce representation, and clear solutions to the unique issues affecting you and yours. From the moment you begin working with us, you can be confident that a knowledgeable Smithfield family lawyer is fighting for you at every turn.

Call (919) 300-7290 for a consultation. Let us help find your family’s path forward.
Competitive rates and solutions for every family.

5 Reasons You Need a Smithfield Family Lawyer

Man in a suit putting pen to paper

When families need legal help, they frequently aren’t aware of their rights, options, or how the family court system can work to their advantage. They need someone to take the time to explain every step and what they can expect. Regardless of the legal issue, people should feel confident and well-informed. A knowledgeable and local family law attorney in Smithfield can be a big asset.


You’ll Get Objective Advice

Even an amiable family case be extremely emotional. Making important financial and long-term decisions is difficult. It’s best to consult an experienced family lawyer in Smithfield who can offer impartial and practical guidance based on legal knowledge, rather than fleeting emotions that may cloud your judgement.


Do Things the Right Way

People sometimes try various “do it yourself” options to save money in family law matters. While these are options, they are risky. Simple mistakes, omissions, or missing deadlines could be a lot more expensive and time-consuming than you thought. By working with a lawyer early, you can make sure things are completed properly, in a timely and cost-effective manner.


Lawyers Know the Law

Family law attorneys go through a lot of schooling and considerable training before offering people legal advice. Even an informal divorce or straightforward estate plan can become complicated with things that wouldn’t be apparent to an unqualified person. Without proper legal guidance, you may unknowingly agree to a one-sided divorce settlement or give up other important rights.


You Need Someone to Review Things

Don’t assume the other party’s attorney is looking out for you. Your rights and well-being are not their concern. Even if both parties agree on things, you could accept unreasonable terms or sacrifice things you didn’t know to ask for. With your own lawyer, you can ensure things run smoothly with your interests sufficiently looked after.


You May Need Family Court Experience

No one expects to litigate their family issues, and the goal should always be to resolve things fast and to your benefit before this is necessary. However, sometimes negotiations break down or you may be better served in a courtroom. If this happens, you should trust someone with considerable experience and a record of success in Johnston County family court.


Ending a marriage is emotional and raises a lot of questions about the future. The right lawyer can guide you through the process and help you move forward.

Woman and man in counseling session

Even if a marriage ends on the best possible terms, there will still be a lot to deal with. In any divorce, it is best to seek guidance from a compassionate and knowledgeable legal professional.

Jonathan Breeden is a veteran family lawyer in Smithfield with over 19 years of experience protecting people in situations like yours. Jonathan has a keen insight into what you are going through, what you can expect, and most importantly, what it will take to secure the best possible outcome. He approaches every case with sensitivity, professionalism, and with the sole intention of getting you and your family everything you need.

NC requires a one year separation but you can file for custody, child support, equitable distribution of your property and alimony as soon as you separate. After a formal filing, NC generally requires a 30 day waiting period for the other party’s answer. A final divorce judgments usually takes 6-8 weeks.

Every case is unique and times are estimations. Your divorce will depend on you former spouse, their attorney, and the court.

Child Custody

Custody arraignments are among the most contentious issues in family court. Let us help you find a plan that works.

Child holding his mother and father's hands

Every parent believes they know what’s best. But forming custody agreements is complicated and brings up legitimate concerns. You may have questions about their living situation, worried about the expense, or if the situation will negatively impact your children.

At Breeden Law Office, we know these are difficult issues, but attorney Breeden has been achieving favorable custody agreements for more than 19 years. We accomplish this by getting to know you, what’s important, and emphasizing what’s in the best interest of your children. Let’s discuss your concerns and put the best possible custody plan in place.

Custody Icon

Primary Custody

This refers to the parent with whom the child lives full-time.

Custody Icon

Secondary Custody

The parent without primary custody has what is also known as visitation rights with the child.

Custody Icon

Joint Custody

This refers to a shared custody arrangement where children spend equal time with both of their parents.

Child Support

Child support is one of the most combative issues parents face with many myths and misconceptions. A knowledgeable lawyer can provide some much-needed clarity.

Woman walking with her child

Both parents are legally required to support their children financially, and neither should be forced to carry the entire burden alone. However, parents need to know their rights, obligations, and how adjustments are made.

Whether you want to receive child support from your child’s other parent or you are being compelled to pay, attorney Breeden will fight to protect what’s best for you and assure that your children are provided for.

Local Smithfield Family Court Process

Initial Consultation

No two cases or the people involved are the same. That is why we approach every case and client individually and develop a plan based on what success means to you and your loved ones.At your first meeting, you will discuss your situation with an experienced attorney at our Smithfield, NC office, located on South 3rd Street, near the Howell theatre and the Johnston County Courthouse. From there, we’ll create a custom plan for you.

Prepare Documents / Gather Information

In the first few days or weeks, we will gather the necessary information and prepare the documents to file. This may include completing financial affidavits, compiling records, and notarizing forms like an Equitable Distribution Inventory Affidavit.

Document Review/ Execution

Once we have your forms ready, we will go over the documents for accuracy, approval, and your signature. Then we will file the appropriate complaint, motion, or discovery request in the correct venue or jurisdiction. In Smithfield, this will likely be in Johnston County District Court.

Contested / Uncontested Filing

Once the relevant party is served, we will anticipate their answer. If the issue is challenged, we will start the pretrial phase. If our filing is uncontested, we will motion for a final determination.

Pretrial / Settlement Negotiations

This is often referred to as the discovery phase and may involve depositions and collecting more evidence. The parties involved will also likely negotiate to resolve matters like child custody, dividing assets, and financial support without a formal trial.

Hearings & Trials

When the parties agree, a hearing is scheduled to review the proposed terms. If the court agrees, the matter is considered closed pending a final judgement. If both sides fail to agree, a trial will be set to decide the issues in question.

We Serve Smithfield & the Surrounding Area

In addition to Smithfield, Jonathan Breeden serves family law clients across Johnson County, NC including:

  • Johnston County
  • West Smithfield
  • Archer Lodge
  • Benson
  • Bentonville
  • Boon Hill
  • Clayton
  • Elevation
  • Four Oaks
  • Ingrams
  • Kenly
  • Meadow
  • Micro
  • O’Neals
  • Wilders
  • Pine Level
  • Princeton
  • Selma
  • Wilson’s Mill
Skyline of Downtown Raleigh, NC