Can I change or correct an affidavit of marriage after it has been notarized? – North Carolina

Short Answer

Usually, no. In North Carolina, once an affidavit has been signed and notarized, it should not be altered because changes can call the affidavit and the notarization into question. If a correction is needed, the safer approach is typically to prepare a corrected affidavit and sign it again in front of a notary. If the issue involves a marriage license or marriage record, North Carolina law also allows certain corrections through the Register of Deeds using supporting affidavits.

Understanding the Problem

In North Carolina family law and related paperwork, an affidavit of marriage is a sworn statement used to prove or confirm marriage-related facts. The question is whether a person can change or correct that affidavit after a notary has notarized it, especially when part of the affidavit has already been notarized and the person wants guidance before finishing the paperwork. The key decision point is whether the document needs any changes to what was sworn to after the notarial act has already occurred.

Apply the Law

North Carolina treats an affidavit as a sworn statement made under oath or affirmation and completed with a notarial certificate (often called a jurat). A notary’s role is to confirm the signer’s identity and that the signer swore (or affirmed) to the truth of the contents at the time of signing. Because the oath and the notarial certificate relate to what was signed at that moment, changing the text after notarization can undermine the reliability of the affidavit and can lead to rejection by the office that receives it. When information needs to be corrected, the common solution is to redo the affidavit (or sign a corrected affidavit) and have the corrected version notarized.

Key Requirements

No post-notarization alteration of sworn content: Once the affidavit is notarized, the sworn statement should match what was actually signed and sworn to at the time.
Proper notarial certificate: The affidavit should include a completed jurat (signed and sealed by the notary) showing the date and that it was signed and sworn to before the notary.
Use the correct correction route for the record involved: If the goal is to correct information on a marriage license, application, or marriage certificate, North Carolina provides a process through the Register of Deeds that uses affidavits from the applicants and other knowledgeable persons.

What the Statutes Say

N.C. Gen. Stat. § 10B-43 (Notarial certificate for an oath or affirmation) – Provides approved forms and required contents for a jurat used when a document is signed and sworn to before a notary.
N.C. Gen. Stat. § 51-18.1 (Correction of errors in application or license; amendment of names) – Allows the Register of Deeds to correct certain incorrect information on marriage license records when required affidavits are provided.

Analysis

Apply the Rule to the Facts: The affidavit was already notarized “in part,” and there is uncertainty about how to complete related paperwork before signing or filing. Under the rules above, changing the sworn text after notarization can create problems because the notary’s certificate is tied to what was signed and sworn to at that time. If any answers in the affidavit need to be changed or completed differently, the cleaner approach is usually to prepare a corrected affidavit (or a replacement affidavit) and sign it again before a notary, rather than editing a notarized page. The cover worksheet is a separate document and typically should be completed before signing if it requires a signature.

Process & Timing

Who files: Usually the person instructed to return the documents (often one or both spouses, or the requesting party). Where: If the affidavit is being filed with a court case, it is typically filed with the Clerk of Superior Court in the county where the case is pending; if it is being used for marriage-record corrections, it is typically handled through the Register of Deeds in the county that issued the marriage license. What: A corrected/replacement affidavit of marriage with a new notarization; and the state action cover worksheet completed as required for the filing. When: Before filing—because filing a document with inconsistent or altered notarization can lead to rejection or delays.
Redo the affidavit if changes are needed: Prepare a clean corrected affidavit (or “Corrected Affidavit of Marriage”), complete it fully, then sign it in front of a notary with a properly completed jurat.
Use the statutory correction method when the target is the marriage record: If the issue is incorrect information on the marriage license application, license, or officiant’s return/certificate, submit the affidavit package the Register of Deeds requires under North Carolina’s correction statute, which generally includes an affidavit by one or both applicants plus supporting affidavits from other persons who know the correct information.

Exceptions & Pitfalls

Altering notarized pages: Crossing out, white-out, or adding handwritten changes after notarization can cause the receiving office to reject the document or require a new affidavit.
Mixing up a jurat and an acknowledgment: Many affidavits require a jurat (signed and sworn to), not just an acknowledgment. Using the wrong notarial wording can create filing problems.
Signing before getting guidance: If the cover worksheet or affidavit is confusing, signing first can lock in answers that later need correction. Completing the forms first, then signing and notarizing, reduces the risk of redo.
Wrong office for corrections: Court filings go to the Clerk of Superior Court; marriage license record corrections usually go through the Register of Deeds. Sending paperwork to the wrong place can delay the matter.

Conclusion

In North Carolina, an affidavit is a sworn statement tied to what was signed and sworn to in front of the notary, so it generally should not be changed after notarization. If a correction is needed, the practical fix is usually to prepare a corrected affidavit and sign it again before a notary with a proper jurat. If the correction is to a marriage license application, license, or marriage certificate record, the Register of Deeds may correct it when the required affidavits are submitted.

Talk to a Family Law Attorney

If a notarized affidavit of marriage needs corrections or the state action cover worksheet is unclear before filing, our firm has experienced attorneys who can help explain options and timelines under North Carolina practice. 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.