Our divorce was not final until September 9, 2010. Since we were married for 8 months out of the year can we still file married jointly.
No, marital status is determined on the last day of the year for tax purposes.
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Only the last day of the year matters. You can be married or single for the other 364 days of the year, but your filing status is determined on the the last day of the year. The divorce or marriage must be final as of the day. For more information on why filing status matters, see the below link.
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Marital status is determined on the last day of the tax year. If you are not married on the last day of the year you cannot file as married filing jointly,
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