state residency joint filing

[questionstax]

Hello

I got married in July 2019. My spouse and I are filing jointly. but it seems like we have to file separate return for the State(New Jersey). how do we file separate return for state of NJ? I am a full year resident of NJ but my spouse is a part-year resident since she moved to NJ from foreign country April 2019. 

I've already filled out the My Info section with my spouse's moving date to NJ and previous state

Thank you 

[AmyC · Accepted solution]

I would not do MFS for NJ. I would do MFJ for NJ since NJ allows part year to be treated as a resident.

If your spouse had state income only from NJ, a part year resident can file a resident return. In fact, since your spouse came from out of the country, you could file a joint return as resident of NJ. If your spouse worked out of state, file a nonresident return for that state before preparing a NJ resident.