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I tried searching for this before I asked, but I really didn't find an answer. My petition for divorce states my husband and I have been living separate and apart since August, while living in the same residence. Are we considered legally separated, or "unofficially" so? Would I be able to file as single? We have two kids (one is mine from a previous relationship). I couldn't use head of household because he makes more money. If I file as single, what status would he have to use?

2007-01-18 13:34:00 · 8 answers · asked by MaknMeCrzy 2 in Family & Relationships Marriage & Divorce

8 answers

If you both have not been in front of a Judge and he/she hasn't deemed you legally separated, you aren't legally separated.

2007-01-18 13:39:43 · answer #1 · answered by Anonymous · 0 0

I believe you either need to file together as "married" or separately as "married filing separate". You cant file single because you are married and head of household because you would have had to be separated the last 6 mths of the year.

2007-01-18 21:41:28 · answer #2 · answered by lady_daizee 3 · 0 0

yes you are legally seperated (however it would be better if one of you left the house). Right now it would probably be in YOUR best interest if you kept filing jointly since you are NOT legally divorced as yet and if your husband decided to itemize YOU could wind up having to pay big time! I don't understand WHY if you are seperated you are still sharing the same residence though. The court usually doesn't grant seperations if the couple is still residing together.

2007-01-18 21:41:19 · answer #3 · answered by Anonymous · 0 0

As of Dec 31, 06 at the stroke of midnight were you married to him still or not? You are either married or divorced in the eyes of the IRS. Were you married?

Yes, you may file: Married filing joint or Married filing separate.

No, you may file: Single if you do NOT have majority custody of the children or Head of household if you DO have majority custody of the children.

Filing Head of household is not determined by income. It is for single/widow(er)ed mothers/fathers/guardians.

2007-01-18 21:43:57 · answer #4 · answered by Poppet 7 · 0 0

Your best bet is to go to some place like H&R Block this year. The tax folks know all this stuff. I know that in Canada you could file as separated, but I don't know in the U.S. what any of the rules are.

2007-01-18 21:42:30 · answer #5 · answered by kiera70 5 · 0 0

check with a tax accountant. But i believe you can file as married filed separately..

2007-01-18 21:42:35 · answer #6 · answered by xxgq 4 · 0 0

better file married but separately and put your tax questions in the business category

2007-01-18 21:42:58 · answer #7 · answered by Bonduesa 6 · 0 0

You are seperated but not legally so because you did not pay for a legal seperation from him.... I have no idea .... Talk to the person who does your taxes and ask them this question.

2007-01-18 21:43:13 · answer #8 · answered by Lady Hewitt 6 · 0 0

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