How do I fill out a state action cover sheet that came with an affidavit of marriage? – North Carolina

Short Answer

In North Carolina, a “state action cover sheet” is usually a court filing cover page used when starting (or sometimes adding to) a case in the Clerk of Superior Court’s office. An affidavit of marriage, by itself, is often used for non-court purposes (like a marriage license process at the Register of Deeds) and may not require a court cover sheet at all. Before signing or returning the worksheet, confirm whether the documents are meant for the Register of Deeds (marriage license) or the Clerk of Superior Court (a court case), because the correct answers depend on that destination.

Understanding the Problem

In North Carolina family law paperwork, a person may receive an affidavit of marriage along with a “state action cover sheet” or “cover worksheet” and wonder what boxes to check and what case type to select. The single decision point is: is the packet being used to start or manage a court case in the General Court of Justice, or is it supporting a marriage license process handled outside the court system. The actor is the person asked to complete and return the documents, and the trigger is being told to sign, file, or send the paperwork back to the issuing office.

Apply the Law

North Carolina uses different offices for different marriage-related tasks. A marriage license process is handled by the Register of Deeds, and state law allows a sworn, notarized affidavit when an adult applicant cannot appear in person. By contrast, a “state action cover sheet” is tied to filing in court, typically in the Clerk of Superior Court’s office, and the case type controls where the matter is filed (for most domestic relations matters, that is District Court Division). If the documents are intended for a court filing, the cover sheet’s main function is administrative: it helps the clerk open the file under the correct division and case category.

Key Requirements

Identify the destination office: The answers change depending on whether the paperwork is for the Register of Deeds (marriage license) or the Clerk of Superior Court (court case).
Match the case category to the filing: If the cover sheet is for court, the category must match the actual filing (for example, a domestic relations action versus a civil protective order action).
Complete party and contact information consistently: Names and addresses on the cover sheet should match the affidavit and any other forms being submitted, and any confidentiality options should be considered where available.

What the Statutes Say

N.C. Gen. Stat. § 51-8.2 (Affidavit in lieu of personal appearance for marriage license) – Allows a sworn and notarized affidavit when an adult marriage license applicant cannot appear in person.
N.C. Gen. Stat. § 7A-244 (Domestic relations in district court) – Places many family law actions (like divorce, custody, support) in the District Court Division.

Analysis

Apply the Rule to the Facts: The facts indicate a law office sent an affidavit of marriage plus a state action cover worksheet and requested the documents be sent back, and part of the affidavit has already been notarized. If the affidavit is the type used for a marriage license when an adult applicant cannot appear, the filing typically goes through the Register of Deeds, and a court cover sheet may be unnecessary or may have been included by mistake. If instead the packet is meant to open a court file (for example, a domestic relations filing), then the cover sheet should match that specific court filing category and division.

Process & Timing

Who files: The party or the party’s attorney. Where: Either (a) the Register of Deeds (for marriage license affidavit use), or (b) the Clerk of Superior Court in the county where the case is filed (for court actions in North Carolina). What: The affidavit and any required supporting documents; if a court action is being started, the initiating pleading and the cover sheet used by that county (often an AOC civil/domestic cover sheet). When: For a marriage license process using an affidavit in lieu of appearance, the planned marriage must be within the next 60 days as stated in the statute’s affidavit form.
Before signing the cover worksheet, confirm the case type the law office intends (for example, “domestic relations” versus another civil category) and confirm the county. County practices and cover sheet versions can differ.
After the correct form is completed, the filer submits the packet to the correct office. If the filing is in court, the clerk assigns a file number and division; if it is a marriage license process, the Register of Deeds processes the license application requirements.

Exceptions & Pitfalls

Wrong office: Returning a “court” cover sheet when the matter is actually handled by the Register of Deeds (or vice versa) can cause rejection or delays.
Wrong case category or division: If a court filing is involved, selecting the wrong category can send the filing to the wrong docket, slow issuance of a file number, or create problems later when scheduling.
Inconsistent names/addresses: Mismatched information between the affidavit and the cover sheet can trigger follow-up requests. If there are safety concerns, ask whether an address can be omitted or replaced with an alternative mailing address in the particular type of court action.
Notary and signature sequencing: If the affidavit requires notarization, the signer generally must sign in the notary’s presence. Signing again later, altering entries after notarization, or leaving blanks can require re-notarization.

Conclusion

In North Carolina, a state action cover sheet is generally tied to filing in the Clerk of Superior Court’s office, while an affidavit of marriage is often used in the marriage license process handled by the Register of Deeds when an adult applicant cannot appear. The cover sheet can only be completed correctly after confirming the destination office and the exact case category. The most important next step is to confirm, in writing, whether the packet is for the Register of Deeds or for a court filing before signing and returning the cover worksheet.

Talk to a Family Law Attorney

If you’re dealing with an affidavit of marriage and a cover worksheet and it is unclear whether the paperwork is for the Register of Deeds or the Clerk of Superior Court, our firm has experienced attorneys who can help you understand the correct filing path and what information belongs on the cover sheet. 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.