I have been separated since Dec. 08. I know in NC there is technically no “legal” separation, only you have to live apart for a year before divorce. My question is if you file separate tax returns do you have to use married filing separately or can you file single. I read you can file single only if divorced or leaglly separated with decree. Was wondering if anyone knows how this works in NC since NC doesn’t really have a legal separation.


You must file married filing separate until after you are divorced.


Conflicting information in the above thread.

BTW, I was separated in November of 08, and have not been back to the marital home since. She filed for divorce a couple of weeks ago. Can I file as single?


No, you are still married until the divorce decree has been issued.


Erin, I’ve found a lot of what I’ve previously considered good advice here. This is disturbing.

You tell one person that it is fine to file single.

You tell another in the same situation to file married, filing separately.

Do you have a Tax Atty in your office?


You’re best bet for taxes is to get the information off the IRS website. You do not have to file married separately but you have to met the requirements for what the IRS considers single. When I did my taxes the first year, I was not considered married because our state governs what is considered separated. Here is the link to the information:


I hope it is ok, I have already filed, and as single.