Yes and No. You can still file as married filing jointly as long as you are married as of December 31st of the tax year.
If you file a joint return, then you would not be able to file as Head of Household.
Also, unless you each have custody of one or more of the kids for more than 6 months out of the year, one of you would not be able to file as head of household.
To file as Head of Household, you have to:
- Pay for more than half of the expenses for a qualifying household
- Be considered unmarried on the last day of the tax year (or not lived with your spouse at all for the last 6 months of the year)
- Have a qualifying child or dependent
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