South Carolina does recognize common law marriage. Make sure you meet the requirements to be considered common law married under South Carolina law. In that case,
@TaxGuyBill provided the correct response. And Married Filing Jointly is a better filing status than Head of Household, so it is to your benefit to file that way. But your husband may not file as Head of Household; to do so, he would have had to have lived apart from you for the last six months of the year, and be able to claim your children as dependents.
