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Married taxpayers can only file married filing jointly or married filing separately. If you live in separate homes and children live with one or both of you in the separate homes, you may be able to file head of household.
To put it even more bluntly, if you file as single when you're married under the IRS definition of the term, you're committing a crime with penalties that can range as high as a $250,000 fine and three years in jail. you pay more in taxes filing as married filing separately than you would as filing singly. a lawyer in your state should be able to help you legally terminate the marriage.
If you live in separate homes and children (or other related dependent) lives with you, you may be able to file head of household.
Otherwise, to file single, you must be divorced or have a legal separation.
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