How Should I File Taxes If I Am Getting Divorced?
- 1). File taxes as a married couple either jointly or separately if your divorce is not finalized as of December 31. Opposite sex couples who are in the process of getting divorced must still both file as married unless they have lived apart for six months and one spouse qualifies as head of household. Domestic partners and same sex couples are not allowed to file as married regardless of their marital status as of 2010. If you file jointly, both spouses must sign the return.
- 2). File as head of household if your spouse did not live with you for at least six months, you have financially supported a child who lived with you for at least half the year and you paid at least half the rent or mortgage and upkeep (food, taxes, utilities) on your home throughout the year.
- 3). File as married filing separately if you and your spouse have lived apart for six months and your child has lived mainly with your spouse during that time.Your spouse may file as head of household under these circumstances.
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