Legal seperation

Dear LadyAnswers:

Greetings. You are legally separated once you stop living together, but I would check with a CPA if I were you because I believe that you may have to file married filing separately since you are not divorced. Let us know what you find out when you talk to the CPA. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.

I did some research on the IRS website and the requirements for filing single are legally seperated or divorced according to the laws of your state.I am taking care of the children so I want to be able to take the tax credits that I am due. The married filing seperately does not allow those credits. I guess I just feel like it is unfair for me to be punished this way since we can’t get divorced yet because of the laws of the state. Thanks for the help.

from what i’ve read on that website you can claim single if you were living apart for the last 6 months of 2006 and it sounds like you were not. NC makes it easy given you legal separation status from the minute you move out. sounds like married filing separately.

I did move out in mid-june so we have been living apart for 6 months in mid december. I just wasn’t sure because I did not know if it was a legal seperation if there is no seperation agreement.

If I were you I would check into filing head of household, it is alot different from single. From what I was told at Jackson Hewitt because I have been separated for 9 months I had to either file married filing separately or head of household. Not single because I am not divorced. Head of Household will give you a pretty good return. possibly more than filing single.

I filed Head of Household last year and I am not legally divorced yet, just separated.

I want to make sure I am legally seperated under NC laws, but I am not sure what to do. I have been living seperate and apart for 7 months. I want to file taxes as single and I need to be legally seperated…help!