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My husband and I have been legally separated since September 2019, paperwork is not necessary since I reside in N.C. Can I file as single?

 
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2 Replies
Vanessa A
Expert Alumni

My husband and I have been legally separated since September 2019, paperwork is not necessary since I reside in N.C. Can I file as single?

No, if you are still legally married you would need to file as Married Filing Separate or Married Filing Joint.  You are not considered single until an actual divorce decree is issued. 

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My husband and I have been legally separated since September 2019, paperwork is not necessary since I reside in N.C. Can I file as single?

If you are legally separated and have the court paperwork to back it up you can file as single ...
 
 
 
The filing status claimed on the federal return must also be the same as claimed on the North Carolina income tax return. ... Therefore, a separation agreement must be sanctioned by a court in the form of a decree or judgment for parties to be considered unmarried for purposes of filing status.

Your Filing Status - NCDOR


https://www.ncdor.gov › taxes-forms › individual-income-tax › your-filing-s...
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