I married April 2018 was legally divoced Oct 2018 but not legally sigle until Feb 2019 how do I file

[madsenl1992]

I married April 2018 was legally divorced Oct 2018 but not legally snigle until Feb 2019 how do I file?

[Coleen3]

How were legally divorced but not single?

[madsenl1992]

Because California law requires six months from the day you file. I filed in August.

[madsenl1992]

My husband never responded to my file, even though he was served with papers, so thirty work days later I was granted the divorce

[Bsch4477]

Since you were still married on December 31, 2018, (even though you had already filed for divorce) you have to file your 2018 return as married jointly or married separately.

[madsenl1992]

Do I do married separately or legally separated?

[Opus 17]

"so thirty work days later I was granted the divorce"

So the divorce was final in September 2018 or Feb 2019?  I don't know if you know.

You probably should take your tax information and a copy of your divorce paperwork to a good accountant.  I don't think we can help you if we can't get a straight answer on the date that you are considered legally "unmarried" by the state of California.

[Bsch4477]

There is no filing status that is legally separated.

[Opus 17]

The only tax status is "single", "married filing separately", "married filing jointly" or "head of household."

To file as "single" while still legally married, requires that you be "considered unmarried" for tax purposes.  This is a matter for state law, but a legal separation, before the divorce is final, almost never qualifies you to file as single or "unmarried."

As above, please take your divorce paperwork to a qualified accountant.  You may need to report part of your ex-spouse's income as taxable income on your tax return.  This is not something to guess about.

[Opus 17]

If you were legally married under state law as of December 31, 2018, then you must file as married.

You can file as married filing jointly with your spouse, if you both agree, although there some risk involved with splitting your refund. (I would not do this but it is allowed and may result in lower taxes.)

You can file as head of household if you were physically separated from your spouse since July 1, 2018 and you paid more than half the cost of the home you lived in, and you provided care in that home for your child dependent who lived with you more than half the nights of the year.

Or, you file as married filing separately.  You file one tax return listing your separate income and deductions.  However, because California is a community property state, your income and your spouse's income may be considered community property so that you each half to report part of the other's income.  This is affected by when the marital community ended (your marital community probably began in April and ended in August, but that would be something that should be covered in your divorce order.)

Spouses who file separately in community property states should almost always see a tax professional.