You can't file jointly if you're not actually married. The IRS rules, like most other legal rules, concern themselves with legal relationships, not with emotional ones.
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You cannot file married filing jointly OR married filing separately as you two are not legally married. Since you are divorced your only options would be to file Single or Head of Household (if you have dependents).
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The determination of your filing status depends on your marital status on the last day of the tax year. If you are still divorced as of 12/31/12, then you can only file as single, or head of household if you have dependents you support. There is a bit of a wrinkle for Texas, which does have comman law marriage. Therefore, in Texas, if you hold yourself out as married, then you could be considered married as of the last day of the year, and file married filing joint (or married filing separate). You might want to discuss the marital status issus, including whether you may be married under common law, with the family lawyer that handled your divorce.
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