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If I file for a legal separation from my husband can I file as head of household?

Asked about 3 years ago - Midlothian, TX

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We were married in Feb 2009 and are no longer living together. Can I file as head of household for 2009 if I file for legal separation?

Attorney answers (1)

  1. Licensed in TX

    Pro

    Dallas Divorce / Separation Lawyer
    Contributor Level 14

    Answered April 01, 2010 09:04. There is no legal separation in Texas. Your options for filing will be married, separate, or married, joint.

    I would consult a CPA on whether you can claim head of household.

    Good luck.

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