Me and my baby's father filed are taxes together for the last 3 years. We recently have seperated. I have been told I can't get married instill I get a divorce from him cause we filed are taxes together but we were never married.
Filing taxes together as married does not make you married. You were supposed to file as Single and Head of Household, which likely would have been more advantageous overall. Go back and amend your returns. You guys will probably get a little bit of money back as the amount of the standard deduction is more for a combined Single and Head of Household.
And that is the correct way to do it under the law, so it is worth fixing.
If you separated before the end of 2011, and you took the child with you, you will get to claim Head of Household and all the credits. Whoever has the child for a greater number of days gets all of the credits and Head of Household.
When you filed your taxes "together," what does that mean? If you filed as a "married" couple, then it can technically be considered tax fraud. You should immediately seek amendment of those past taxes. If you are now looking to marry someone else, go ahead and do it. If you never legally married your baby's father, then you do not have to worry about ever divorcing him!
(916) 254-9825. The information provided is general in nature and not meant to be legal advice.
I believe that both of my esteamed colleagues are mistaken.
It takes three things to be common law married in Texas - living together AND agreeing to be married AND holding out to others that you are married. If you have been living together AND have been telling the IRS and others that you are married, then the law presumes that you agreed to get married. Thus - congratulations! - You are married. No Fraud. No Amending of your tax returns needed. A Divorce needed though.
Talk to a local lawyer and he/she will confirm that either (1) a divorce is needed or (2) an annulment is needed or (3) a suit to declare marriage void is needed. (Note that you will be common law married until divorce by a Judge.
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