2004 Taxes - Single vs. Married

Dear jf85037:

Greetings. You will need to speak with a tax attorney concerning this matter. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

Good Morning - I’ve read some of the posts concerning this topic and I still have a question.

My wife and signed separation papers in May of 2004 and have lived apart since. I’ve contacted H&R Block to see how we could file our '04 taxes and the rep said that if we had a separation by court then we could file Single. Separation by court meaning a legal separation has been signed, notarized and filed at a Court House in N.C. (I assume.)

From a legal perspective, is this correct? Can we file Single?