Divorce not final, filing for head of household?

[cctmam]

I was told that my divorce would be finalized by the end of the year, but the lawyer's office is taking longer than they said they would.

My soon to be ex-husband hasn't lived with me since January and hasn't paid any type of support since, even after an order started (child support ordered to start July 1). I have been the sole provider of our 2 kids for the entire year, so I plan to claim them (which is the plan in the divorce documents anyways), and I will have sole custody anyways. My state doesn't have legal separation, but I did have an order of protection against him for most of the year.

I would also like to file as head of household as well, but I was told that I would need him to sign something?

[bluedeb · Accepted solution]

What state do you live in? You don't need your ex to sign anything to be able to file as Head of Household for Federal.  If you qualify you can choose the Head of Household filing status. See the following for the requirements to file as head of household when married.

Can a married person claim Head of Household filing status?

https://ttlc.intuit.com/replies/4206137

[Opus 17]

Based on your facts, you can claim your children as dependents and file as head of household.  You do not need his signature or cooperation.

[valeriejtom]

Given that one individual will file as head of house hold because that individual meets the requirements for the Head of Household filing status, what's the filing status for the other individual?  The other individual does not have dependent / qualifying child to claim on their return.

[VolvoGirl]

Either Single or Married filing Separate if you are still married.  What is your exact situation?  If you are married and live together neither of you can claim Head of Household.

[melinda4-s]

Are you sure? She said he has lived with her all year. And that is one of the conditions. I have a similar situation and need clear guidance. 

[Opus 17]

You will need to let us know your exact situation. The dates on some posts are not correct because they were given new dates when they were transferred from the old support site to the new support site. So answers may not seem to be correct based on the date they were posted. What is your situation?

[melinda4-s]

Divorce is in process from Dec 31. 2018. I am the significant income. I have 1 child. In since May 2019 he's paid nothing toward the house expenses. We are not communicating at all, but he lives under the same roof and is on the deed and mortgage for the house. I want to be able to claim head of house hold?. Can I? Income differential is about 90/10. 

[Opus 17]

If you are legally married as of Dec 31, 2019, and your spouse lived with you in the home any time after July 1, you can’t file as head of household.