Can we file a joint return next year if our divorce isn't final?

[kfowler57]

What is the name of your state (only U.S. law)? Missouri
We're scraping up the $$ for a divorce and hope to file early in 2010. If we've filed for divorce and waiting for the court date, can we still do a joint tax return for 2009 or do we have to file separately?

 

[FlyingRon]

If you are still legally married on December 31, you are MARRIED as far as the IRS is concerned. Your only choice is whether you file jointly or as "married, filing seperately." If you are legally divorced on the 31st, you file single (or perhaps head of household if that applies, unless by some crazy means you get married again by then). The partial years is usually dealt with in the divorce property settlement.