My husband and I are separated since may/june 2016,im filing single head of household and claim both kids. How does he file? He's currently in jail for domestic violence.

[DoninGA · Accepted solution]

He would file as Married Filing Separately.  Unless you are legally separated according to the laws of your state, then he could file as Single.

[amysweat2]

How do I know if we are legally separated, I mean we haven't been to court and no divorce papers are filed, we just don't live togather

[DoninGA]

You would have needed to have a state court grant you as legally separated, so if that did not occur then he would only file as MFS.