My soon to be ex and I have been separated for a while now. We are trying to figure out the taxes. Can we still file as married since legally we still are even though we are separated? We never went to court to file the separation agreement. Will this prolong the divorce? I don’t want to prolong this divorce any longer than possible. He is agreeing to allow him to be put on the taxes. Please advise and thank you again for your time.
You may file jointly for so long as you are legally married for the tax year in which you are filing.
The absence of a separation agreement will not prolong the divorce, as you may file for the same after you have been living separate and apart for 1 year, however you either need to execute a separation agreement dividing your property and establishing spousal support (if applicable) prior to divorce, or include claims for the same in your divorce complaint. If the issues are not settled you will lose your rights to have the court divide property and award support unless the claims are pending at the time of the divorce.
Thank you Erin. There is no property to be divided. The truck is his and my car is mine. There is no home involved. The only thing is our children which he has already stated on numerous occasions that they are to remain with me and I will have custody. So I think the only thing we would have to work out is child support. Thank you so much again, I am going to join for the $199 per month for the divorce when ready and I appreciate all of your help on this.
You are most welcome. I wish you all the best.