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Filing Status - Pending divorce, DV restraining order
Hello,
I wanted to see if anyone knew if I would be able to qualify as head of household or single for 2019.
I am legally married, however I was granted initially a restraining order in May and the divorce is taking forever. The marital residence is my husband's separate property and I was granted sole property control/occupancy from May until September when I moved out with our young child (who I have sole custody of) as part of the restraining order. I did not pay for the mortgage, etc as it is my spouse's property. I've been now paying rent, etc for my child's and my new residence since September.
I know generally that I would have had to "pay" for the home to qualify for head of household status, but given the circumstances are there any provisions to allow for people with similar circumstances such as myself to qualify for Head of Household or Single tax status?
I really want to avoid MFS at the moment because my spouse itemizes his returns and I simply do not have much to itemize. I may be better off with a standard deduction if it's possible. TY