joint filing and divorce

[nanademi]

What is the name of your state?
Texas

My husband and I are divorcing, it is non-contested.

He had a business that closed in February 2004. We plan on filing jointly for 2004 since we were married the majority of the year, and also because the exemptions, etc should offset or reduce the tax liability caused by the death of the business. How does this need to be worded in the decree?

 

[abezon]

It doesn't need to be addressed in the decree at all, unless TX divorce law requires it. I'd suggest you wait until spring when you know how much the taxes will be if you file jointly or separately, then decide how to file & who pays how much if you file jointly.

If you're divorced or legally separated by 12/31/2004, you file single/head of household & cannot file married-joint or separate.