Do I need to sign and notarize the cover worksheet too, or only the affidavit of marriage? – North Carolina

Short Answer

In North Carolina, the notarization requirement usually applies to the affidavit of marriage (the sworn statement), not to a cover worksheet. A cover worksheet is typically an administrative filing sheet used to route and classify a case, and it is commonly signed but not notarized unless the form itself contains a notary block or sworn language. If the worksheet includes a jurat (for example, “sworn to and subscribed before me”) or a notary certificate area, then it must be signed in front of a notary.

Understanding the Problem

In North Carolina family law paperwork, a common decision point is whether a document is a sworn statement (an affidavit) or an administrative cover sheet. Can the paperwork be returned with only the affidavit signed in front of a notary, or must the state action cover worksheet also be signed and notarized? The answer depends on whether the cover worksheet is merely a case-information sheet or whether it is written as a sworn statement that requires a notary.

Apply the Law

North Carolina generally requires notarization when a document is an affidavit or otherwise requires an oath or affirmation. An affidavit used in place of a person’s in-person appearance for a marriage license application must be sworn and notarized. By contrast, a state action cover worksheet is typically used to identify the type of filing and basic case information for the Clerk of Superior Court; it usually does not need notarization unless the form itself makes the signer swear to the truth of the contents before a notary.

Key Requirements

Sworn statement vs. administrative form: If the document requires an oath (an affidavit), it generally must be signed in front of a notary. If it is only a routing/classification sheet, it usually does not.
Look for a notary block (jurat/certificate): If the form includes language like “signed and sworn to before me” or a notary certificate area, notarization is required for that form.
Sign where required: Even when notarization is not required, many cover worksheets still require a signature and date to certify the filer’s contact information and filing category.

What the Statutes Say

N.C. Gen. Stat. § 51-8.2 (Affidavit in lieu of personal appearance for marriage license) – Allows a marriage license applicant who cannot appear to use a sworn, notarized affidavit in lieu of appearing at the Register of Deeds.
N.C. Gen. Stat. § 10B-43 (Notarial certificate for an oath or affirmation) – Provides acceptable North Carolina notary certificate forms for documents that are signed and sworn (or affirmed) before a notary.

Analysis

Apply the Rule to the Facts: The affidavit of marriage described in the facts is the type of document that is meant to be sworn and notarized, because it functions as a sworn statement provided to a government office. The state action cover worksheet, by contrast, is usually a case-information sheet; unless it contains sworn language or a notary certificate, it typically does not need notarization. If the affidavit was only partially notarized (for example, missing the notary seal, commission expiration, or the “sworn to” certificate), the receiving office may reject it and require a corrected notarization.

Process & Timing

Who signs: The person making the sworn statements signs the affidavit. Where: The affidavit is typically presented to the appropriate county Register of Deeds (for marriage license-related affidavits) or the office identified in the instructions. What: The affidavit must be signed in front of a notary and include a completed notarial certificate. When: For marriage license affidavits used because an applicant cannot appear, the affidavit is used at the time the marriage license is being requested and is tied to the planned marriage timeframe stated in the affidavit.
Cover worksheet step: Complete the state action cover worksheet with the case category and basic identifying information requested on the form, then sign and date it if the form has a signature line. Notarize it only if it includes a notary block or “sworn” language.
Submission: Return the signed documents using the delivery method requested (mail, hand-delivery, or electronic filing if permitted for that type of matter). Keep copies of everything submitted.

Exceptions & Pitfalls

The worksheet actually is sworn: Some forms that look like “cover sheets” include a verification section. If the worksheet includes a jurat (for example, “sworn to and subscribed”), it must be notarized.
Incomplete notarization: A common rejection issue is a missing notary seal/stamp, missing commission expiration date, or an incomplete “signed and sworn” certificate. North Carolina law allows certain standard certificate formats, but the certificate still must be completed.
Signing too early: If a document must be notarized, signing it before meeting with the notary can cause problems. Many notaries require the signer to sign in the notary’s presence.
Wrong office: Marriage license affidavits generally go through the Register of Deeds process, while court cover sheets are associated with filings handled by the Clerk of Superior Court. Mixing offices can delay processing.

Conclusion

In North Carolina, the affidavit of marriage is the document that generally must be signed under oath in front of a notary, with a completed notarial certificate. A state action cover worksheet is usually an administrative filing sheet and typically does not need notarization unless it contains sworn language or a notary block. The most practical next step is to review the cover worksheet for any “sworn” wording or notary certificate and, if it has neither, sign and date it and return it with the properly notarized affidavit.

Talk to a Family Law Attorney

If a filing is being held up because an affidavit was only partially notarized or a cover worksheet is confusing, our firm has experienced attorneys who can help clarify what must be sworn, what is administrative, and what the receiving office will accept. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.