Separated since ending of January but unable to remove from household until September

[Mirna7]

I am legally married, but the divorce paperwork is in process.  We separated (no legal documentation just no longer a couple) in the ending of January but was unable to remove him from our home (rental) until September with a restraining order.  He stopped contributing to the household around March (paid half the rent so I would not be able to kick him out but refused to pay any of the utilities and purchased groceries (we have two school aged children) only when I would hold out in hopes that he would.  He makes significantly more than I do. Because he physically lived here, I do not qualify for the Child Credit. Is there any way around this? Also, I do not have access to his W2 form to fill out the communal property (we live in California).  Should I just leave his portion blank?  I do not have an option to state we are not in good terms.  He has not given me any child support so I am certain he will not give me any information that would require him to give me money.  Help please.

[Critter-3]

This is something you should have your attorney help you talk to the other parent about filing a joint return...

Your filing status is determined by your marital status as of the last day of the tax year. If your divorce is final on or before 12/31/2023, then you file as SIngle, or, if you qualify as explained below, HOH.

If you are legally married as of 12/31/2023, your choices are Married Filing Jointly, if your spouse agrees,  or Married Filing Separately, unless you meet the qualifications to be "considered unmarried", in which case you might file as Head of Household if you have a child who lives with you. The requirements are:

Considered Unmarried
To qualify for head of household status, you must be either unmarried or considered unmarried on the last day of the year. You are considered unmarried on the last day of the tax year if you meet all the following tests

1. You file a separate return

2. You paid more than half the cost of keeping up your home for the tax year.

3. Your spouse did not live in your home during the last 6 months of the tax year. Your
spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances.

4. Your home was the main home of your child, stepchild, or foster child for more than half the year.

5. You must be able to claim an exemption for the child. (There are some exceptions to this rule, see IRS Pub 17, Chapter 2 and 3) You can find Pub 17 at this link
http://www.irs.gov/pub/irs-pdf/p17.pdf