Short Answer

In North Carolina, the path depends on which official record is wrong. If a court record or judgment lists the wrong marital status, you ask the court that issued it to correct the record—clerical mistakes can be fixed by the court, and substantive errors are addressed by a motion under Rule 60. If a North Carolina vital record (birth, death, or marriage certificate) is wrong and Vital Records requires a court order, you file a civil action asking the court to order the State Registrar to amend the record.

Understanding the Problem

You want to know how, in North Carolina, you can get a court order to correct your marital status on official records. Here, you mistakenly selected “divorced” instead of “married” on an application, and courthouse staff told you a court order is required to fix it. The key decision is which record is wrong (a court file or a state vital record), because that choice determines where and how you file.

Apply the Law

North Carolina uses two main routes. First, courts can correct their own records. A simple clerical error (like a data-entry mistake) can be corrected by the court that issued the order. If the mistake is yours and it affected a judgment or order, you typically seek relief under Rule 60 of the North Carolina Rules of Civil Procedure; some grounds have a one-year limit. Second, if the problem is with a vital record, North Carolina law allows a court to order the State Registrar (NC Vital Records) to amend the certificate.

Key Requirements

• Identify the source record: Determine whether the wrong marital status appears in a court case file/judgment or in a NC vital record (birth, death, or marriage certificate).
• Match the remedy to the record: Use a Rule 60 motion in the original court case; use a civil action seeking an order to the State Registrar for vital records.
• Show the error with proof: Provide certified documents (e.g., marriage certificate) and sworn statements establishing the true marital status at the relevant time.
• File in the right forum: File the motion in the court that entered the order, or file a civil action in the county with proper venue to direct NC Vital Records to amend.
• Observe deadlines: For Rule 60 “mistake” relief, file within a reasonable time and no later than one year from the order if relying on mistake, inadvertence, or excusable neglect.

What the Statutes Say

• N.C. Gen. Stat. § 130A-118 (Amendment of vital records) – Allows courts to order the State Registrar to amend birth, death, or marriage certificates.
• N.C. Gen. Stat. § 1A-1, Rule 60 (Relief from judgment or order) – Lets courts correct clerical mistakes and grant relief from judgments for specified reasons, with time limits.

Analysis

Apply the Rule to the Facts: Because you accidentally chose “divorced,” first confirm where that error landed. If the mistake shows up in a court order or a case record, file in that same case: ask the court to correct a clerical error or move under Rule 60 for relief based on mistake. If the wrong marital status is now on a vital record and Vital Records insists on a court order, file a civil action asking the court to direct the State Registrar to amend the certificate based on your proof.

Process & Timing

1. Who files: You (or your attorney). Where: If it’s a court record, file in the original case in District or Superior Court; if it’s a vital record, file a civil action in the appropriate North Carolina county. What: For court records, a Motion to Correct Clerical Error or Motion for Relief from Judgment (Rule 60); for vital records, a verified complaint/petition seeking an order to amend. Include exhibits. For civil actions, use AOC-CV-100 (Civil Summons). When: File promptly; for Rule 60(b)(1) “mistake,” file within one year of the order.
2. Serve all necessary parties. For a court record, serve parties of record under the Rules of Civil Procedure. For a vital record, serve the North Carolina State Registrar (NC DHHS, Vital Records) and any person whose rights may be affected. The court sets a hearing; local timing varies by county and docket.
3. Attend the hearing with your evidence. If granted, the judge will enter a written order: either correcting the court record (or granting Rule 60 relief) or directing the State Registrar to amend the vital record. Obtain certified copies of the order to deliver to the agency that requested it.

Exceptions & Pitfalls

• A correction order cannot change your actual legal status; it only makes the record match the true facts supported by evidence.
• If the error was a court/clerical data entry, ask for a clerical correction; if it was your mistaken filing that affected a judgment, use Rule 60(b) and be prepared to show sworn proof.
• Vital records amendments often require consistent, certified documentation; conflicting records can lead to denial without a court order.
• Serve the right parties. Failure to serve the State Registrar (for vital records) or the parties of record (for a court file) can delay or derail your request.

Talk to a Family Law Attorney

If you’re dealing with a wrong marital status on a court file or a vital record, our firm has experienced attorneys who can help you understand your options and timelines. 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.