Jan272026
Guardianship Q&A Series

What can I do if a relative submitted false information to a benefits office claiming we were divorced? – North Carolina

Short Answer

In North Carolina, the fastest practical step is usually to correct the record directly with the benefits office in writing and provide proof of the current marital status (for example, a marriage certificate and confirmation that no divorce judgment exists). If the false statement affects an upcoming incompetency/guardianship hearing, it is also important to alert the Clerk of Superior Court handling the guardianship case so the court has accurate information about the spouse relationship and who should receive notice. If the false statement was made knowingly to obtain or keep public assistance, it may also be investigated as public assistance fraud under North Carolina law.

Understanding the Problem

In North Carolina, what happens when a family member tells a benefits office that a married couple is divorced, and that incorrect information then affects a spouse’s ability to act in a guardianship matter? In a pending incompetency/guardianship case, the key decision point is how to quickly correct the benefits record and the court record before the hearing, so the Clerk of Superior Court considers the right facts about the marriage and who should be involved in decisions for the spouse in a rehabilitation facility.

Apply the Law

North Carolina guardianship cases (including an adjudication of incompetence) are handled as special proceedings before the Clerk of Superior Court. The clerk’s decision is based on evidence presented at the hearing, and the respondent has specific rights to notice, to present evidence, and to challenge evidence. Separately, North Carolina law makes it a crime to knowingly make false statements or hide important facts to obtain or continue public assistance; that legal framework often drives how benefits agencies respond when they receive a correction and supporting documents.

Key Requirements

  • Correct the official record with documentation: Benefits agencies typically act on what is in their file. A written correction with supporting documents is usually more effective than a phone call.
  • Make sure the guardianship court has accurate marital-status facts: The Clerk of Superior Court decides incompetency and guardianship based on evidence and proper notice; incorrect “divorced” information can confuse who should be involved and what the clerk should consider.
  • Act fast because guardianship timelines move quickly: In an incompetency case, hearings are commonly set on a short timeline, and the respondent’s rights include time-sensitive steps (such as requesting certain evaluations soon after service).

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, a spouse is in a rehabilitation facility and a guardianship-related incompetency hearing is coming up soon. If a benefits office has been told the couple is divorced when no divorce occurred, the most immediate risk is that decisions and communications may be routed as if the spouse has no legal relationship, which can spill into the guardianship case. Because the clerk’s decision is evidence-driven and time-sensitive, correcting the benefits record and making sure the clerk has accurate marital-status information should be treated as urgent, practical steps.

Process & Timing

  1. Who acts first: The spouse seeking guardianship (or that spouse’s attorney). Where: The county benefits office that received the false information and the Clerk of Superior Court handling the incompetency/guardianship special proceeding. What: A written correction to the benefits office with supporting documents; and a written notice/filing in the guardianship file (often through counsel) attaching proof of marriage and stating that no divorce judgment exists. When: Immediately, because the hearing is very soon.
  2. Build the proof packet: Gather a certified marriage certificate, government ID, and any court record search or clerk confirmation showing no divorce judgment in North Carolina (if available quickly). If the benefits office has a specific “change report” or “household composition” form, submit that too, but keep the written narrative short and factual.
  3. Address the guardianship hearing record: Provide the clerk and the guardian ad litem (if one has been appointed for the respondent) with the correction so the court file reflects the correct relationship before testimony and findings are made under the incompetency statutes.

Exceptions & Pitfalls

  • Mixing up “separated” and “divorced”: A separation does not end a marriage in North Carolina. Benefits offices sometimes treat these differently, so the correction should use clear language: “married” and “not divorced.”
  • Relying on verbal fixes: A phone call may not correct the file. A dated written correction with copies of documents is easier to track and prove later.
  • Letting the guardianship hearing proceed with a wrong assumption: Even if the benefits issue is separate, inaccurate marital-status information can create confusion about who should receive notice and who is positioned to serve in a decision-making role. Getting the correction into the court file early reduces avoidable disputes.
  • Turning the correction into an accusation: If fraud is suspected, it can be reported, but the immediate goal before a hearing is usually to correct the record with objective documents. Criminal investigations are handled by the appropriate authorities.

Conclusion

When a relative tells a North Carolina benefits office that a couple is divorced when no divorce occurred, the most effective response is to correct the record in writing with proof of the current marital status and to make sure the Clerk of Superior Court handling the incompetency/guardianship case receives the same correction before the hearing. North Carolina law also treats knowingly false statements used to obtain or continue public assistance as a serious matter. The next step is to submit a written correction to the benefits office and file or deliver the same proof to the clerk before the hearing date.

Talk to a Guardianship Attorney

If you’re dealing with a fast-approaching incompetency hearing and a benefits office record that incorrectly says a marriage ended in divorce, 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.

Category: Guardianship Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.