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If we are planning to get divorce/annulment after a month can I put I am single on my tax forms this year?

Irvine, CA |

We got married so i could get on his health insurance plan, but he decided after the fact, he really isn't ready yet. We have no shared assets or children together. Is it okay to put single on tax forms even though the paperwork isn't complete yet?

Attorney Answers 4

  1. Is there a reason why you want to file as "single" on your 2012 returns? You could always file as "married filing separately."

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  2. No. You aren't single, so you can't file as single until the divorce judgment or annulment judgment are entered in the Court records. You can file "married filing jointly" if you file with your husband, or you can file "married filing separately", until your marriage is dissolved or annulled. Filing the case, or planning to file the case doesn't qualify you to file your income taxes as single when you are in fact married.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

  3. No. You cannot since you were married on the last day of the end of the calendar year (December 31st, 2012). Therefore, the only filing statuses you should consider are married filing jointly or married filing separately. You should speak with a CPA and a Tax Attorney for further clarification.

    None of the information on this site constitutes legal advice. It is an ad for attorney services. The attorneys at DeDecker & Meltzer are licensed attorneys in the state of California. The information is intended to be general in nature as there are many laws and regulations not mentioned on this site that may apply to your situation. No attorney-client relationship is created between you and the Law Office of DeDecker & Meltzer unless a signed written fee agreement exists. You should not rely or act upon the information provided on this site without seeking the advice from an attorney.

  4. You may not be able to get an annulment; "we decided we didn't want to be married after all" isn't sufficient grounds for an annulment. If, as of the end of 2012, you weren't divorced, and the marriage hadn't been voided, then, as of the end of 2012, you were legally married, and if you claim "single", you're committing tax fraud.

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