What information do I need to answer the questions on the cover worksheet before I send it back? – North Carolina

Short Answer

In North Carolina family-law filings, the “state action cover worksheet” is an intake sheet that helps the Clerk of Superior Court open the correct case type and assign it to the right division. To complete it, the key information typically includes (1) the county where the case will be filed, (2) the parties’ legal names and contact information, (3) the type of family-law claim being filed (for example, divorce, custody, child support, or domestic violence), and (4) whether any related cases already exist. If any item is unclear, the safest approach is to confirm the correct case type and filing county with the law office before signing or submitting it.

Understanding the Problem

In North Carolina, when a law office prepares family-law paperwork for filing, the packet often includes a “state action cover worksheet” that must be completed and returned with the main pleading. The core decision point is: what basic case-identifying information is needed so the cover worksheet matches the family-law filing (the parties, the county, and the type of claim) before it goes to the Clerk of Superior Court. This question usually comes up when an affidavit has been notarized, but the cover worksheet asks administrative questions that are not explained on the face of the form.

Apply the Law

North Carolina courts use standardized filing processes in civil and family cases. The cover worksheet is not the document that proves the claim; it is an administrative tool that helps the Clerk of Superior Court open a case in the correct division (often District Court for most Chapter 50 matters) and track the case type for scheduling and reporting. The worksheet typically must match the complaint or motion being filed, including the county of filing, the parties’ names, and the nature of the action. If the case involves a marriage-license affidavit used when one applicant cannot appear in person, state law also lists specific identifying details commonly requested in that affidavit (such as residence, birth information, and prior-marriage information), and those details often overlap with what a cover worksheet asks for.

Key Requirements

• Filing location details: The county where the case will be filed and the correct court division (commonly the General Court of Justice, District Court Division for family-law claims).
• Party identification: Each party’s full legal name and basic contact information, plus the role each party plays in the case (plaintiff/defendant).
• Case classification: The type of action being filed (for example, absolute divorce, custody, child support, alimony, or a protective order) and whether there are related cases already pending.

What the Statutes Say

• N.C. Gen. Stat. § 51-8.2 (Marriage license affidavit when an applicant cannot appear) – Lists common identifying information required in a sworn, notarized affidavit used in lieu of personal appearance for a marriage license.

Analysis

Apply the Rule to the Facts: The situation involves a notarized affidavit of marriage plus a state action cover worksheet that needs to be returned to a law office. Because the worksheet’s purpose is case setup, the most important items are the filing county, the parties’ names (exactly as they should appear on the court caption), and the kind of family-law matter the office is preparing to file. If the office is using the affidavit for a marriage-license purpose, the affidavit typically includes detailed identity information (like residence and prior-marriage details), and the cover worksheet should not conflict with those entries.

Process & Timing

1. Who completes: Typically the person signing the main filing (or the law office with the signer’s information). Where: Returned to the law office for filing with the Clerk of Superior Court in the correct North Carolina county. What: A completed state action cover worksheet that matches the case caption and the type of claim in the accompanying complaint/motion/affidavit. When: Before the law office files the case; timing can be important if there is a scheduled hearing date or a filing deadline.
2. Consistency check: Confirm the worksheet’s party names, county, and case type match the caption and the relief requested in the main document. Mismatches can cause the clerk to reject the filing or open the case under the wrong category.
3. Return and keep copies: Return the signed worksheet as directed and keep a copy of everything that is sent back, including the notarized affidavit and any identification pages, because the clerk or the law office may need to verify entries later.

Exceptions & Pitfalls

• Wrong case type box checked: Many worksheets list multiple family-law categories; selecting the wrong one can misroute the file or cause delays in case assignment.
• Name mismatches: Using nicknames, married names that do not match the pleading, or inconsistent spelling across the affidavit, worksheet, and complaint can create filing or service problems.
• Related-case information left out: If there is an existing custody, support, DVPO, or other family case involving the same parties, the worksheet may ask for that. Omitting it can lead to administrative confusion and scheduling conflicts.

Conclusion

In North Carolina, the state action cover worksheet mainly needs accurate case-identifying information so the Clerk of Superior Court can open the correct type of family-law case in the proper county. The essential items are the filing county, the parties’ full legal names and roles, the category of family-law claim being filed, and any related existing cases. The practical next step is to confirm the correct case type and filing county with the law office and then return the completed worksheet promptly so the filing is not delayed.

Talk to a Family Law Attorney

If a state action cover worksheet is confusing or the packet includes a notarized affidavit that must match what gets filed in court, a family law attorney can help sort out what the clerk is asking for and reduce the risk of a rejected filing. 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.