Short Answer

In North Carolina, simple typos on a vital record (like a marriage record) can sometimes be fixed by submitting proof to NC Vital Records. But when the change affects a key fact—such as marital status—NC Vital Records often requires a judge’s order. If courthouse staff told you a court order is needed, you’ll likely file a petition, get a signed court order, and then submit that order to NC Vital Records to correct the record.

Understanding the Problem

You want to correct an official record in North Carolina after you mistakenly chose “divorced” instead of “married.” The Clerk’s office told you a court order is needed. The question is: how do you get the record corrected now that the wrong option was submitted?

Apply the Law

Under North Carolina law, the State Registrar (NC Vital Records) can administratively amend some vital records based on affidavits and documents. However, when the requested change alters a core fact of the event (like marital status) or the agency cannot verify the change from its files, a court order is typically required. If the error appears in a court filing or order (rather than a vital record), you may be able to ask the court to correct a clerical mistake.

Key Requirements

• Identify the record and error: Specify the exact record (e.g., marriage record) and the incorrect marital status entry.
• Choose the right path: If NC Vital Records cannot fix it administratively, pursue a court order directing the amendment.
• Provide credible proof: File a verified petition and attach certified documents (e.g., marriage certificate or other official proof) showing the correct status.
• Serve properly: Serve the State Registrar/agency under North Carolina service rules so the court can act.
• Submit the order: After the judge signs the order, send a certified copy to NC Vital Records to update the record.

What the Statutes Say

• North Carolina Gen. Stat. § 130A-118 (Amendment of vital records) – Allows amendments to vital records; some changes require a court order.
• North Carolina Gen. Stat. § 130A-93 (State Registrar; duties) – Describes the State Registrar’s role over vital records.
• North Carolina Gen. Stat. § 1A-1, Rule 60 (Relief from judgment or order) – Permits courts to correct clerical mistakes in orders and judgments.

Analysis

Apply the Rule to the Facts: Because courthouse staff said a court order is required, this points to a change that NC Vital Records will not make administratively. You would file a verified petition asking the court to direct the State Registrar to correct the marital status from “divorced” to “married,” attaching proof. If the incorrect entry appears in a court document instead of a vital record, a Rule 60 request to correct a clerical mistake in that case may be appropriate.

Process & Timing

1. Who files: You (the person named on the record). Where: Typically in the county where the record was filed or where you live, in the trial court (often Superior Court). What: A verified petition for an order to amend a vital record, with certified exhibits proving the correct marital status. When: File as soon as possible; some clerical corrections to court orders can be made at any time under Rule 60(a).
2. After filing, serve the State Registrar/NC Vital Records (and any local custodian, such as the Register of Deeds) under Rule 4. The court sets a hearing. Bring originals/certified documents. Time to hearing varies by county.
3. If the judge grants the petition, obtain certified copies of the signed order. Submit a certified order to NC Vital Records with any required fee so the amended certificate/record can be issued.

Exceptions & Pitfalls

• If the change would contradict an existing judgment (for example, a finalized divorce decree), the court will not “amend” the truth of that judgment.
• Insufficient proof delays corrections. Use certified records and consistent dates/names.
• Serving a state agency has specific requirements. Follow Rule 4 closely to avoid dismissal or continuances.
• Some minor errors can be fixed administratively by NC Vital Records; confirm before filing to avoid unnecessary court costs.

Conclusion

In North Carolina, correcting a wrong marital status on an official record often requires a judge’s order if NC Vital Records cannot verify and amend it administratively. Identify the record and error, gather certified proof, and file a verified petition asking the court to direct the State Registrar to amend the record. Next step: file the petition in the appropriate court and serve the State Registrar under Rule 4 so the court can issue an order you can submit to NC Vital Records.

Talk to a Family Law Attorney

If you’re dealing with a marital status error on an official record and were told a court order is required, 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.