Tax filing status


you and he should either file as married filing jointly or married filing separately. He needs to file an amended return to fix the problem.

For you to file now you should file married filing separately. I assume you filed an extension as taxes were due yesterday. If you filed incorrectly file an amended return to fix the problem.



Dear duminnc:

Greetings. No, he cannot. You need to speak with an accountant about this or a tax attorney, but I believe you would file as married filing separately. Make sure to claim everything that you are entitled to, regardless of what he did. Thank you.

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.


If I was married on 12/14/2005 should I not be filing my taxes as a married person? Me and my husband are separated and he went ahead and filed as single. Can he legally do this?