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New Member
posted May 31, 2019 8:19:17 PM

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.

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1 Best answer
Level 15
May 31, 2019 8:19:18 PM

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.

3 Replies
Level 15
May 31, 2019 8:19:18 PM

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.

New Member
May 31, 2019 8:19:20 PM

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

Level 15
May 31, 2019 8:19:21 PM

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.