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Filling status for going through a divorce.

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DK1

Member
What is the name of your state (only U.S. law)? NJ

How should I file Married Filing Separately or Head of Household?

- We married in August
- We separated in November (moved out but still in the waiting period to file for divorce)
- Huge difference in tax rate (lower tax rate to file as head of household)

Can someone point me in the direction to determine this?
 
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LdiJ

Senior Member
What is the name of your state (only U.S. law)? NJ

How should I file Married Filing Separately or Head of Household?

- We married in August
- We separated in November (moved out but still in the waiting period to file for divorce)
- Huge difference in tax rate (lower tax rate to file as head of household)

Can someone point me in the direction to determine this?
With that set of facts your only choices are married filing separately, or married filing jointly. You do not qualify for head of household.
 

DK1

Member
With that set of facts your only choices are married filing separately, or married filing jointly. You do not qualify for head of household.
I claim dependent, does it change if I have a child that I claim?
 

tranquility

Senior Member
No. You are married. You will file jointly or married filing separately. To be considered unmarried on the last day of the year (For head of household or single status.), you have to be either completely divorced, or living separately for the last six months with the intent be single. (Basically, I didn't look up the exact wording.)
 

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