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Can I file as legally separated if I have a protective order and have lived separately from my abusive husband for over a year,but haven't had the money to get a divorce?

 
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georgesT
New Member

Can I file as legally separated if I have a protective order and have lived separately from my abusive husband for over a year,but haven't had the money to get a divorce?

Yes, you may file as Head of Household if you have a qualified child and meet IRS requirements.

Unless you have a divorce decree or legal separation decree with separate maintenance your only filing choices are Married Filing Jointly (if you both agree), Married Filing Separately, or possible Head of Household if you have a dependent child that lived with you in a home that you provide for more than half the year and you did not live with your spouse at any time during the last 6 months of the year.

See the answer to the below FAQ on head of household qualifications.

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

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1 Reply
georgesT
New Member

Can I file as legally separated if I have a protective order and have lived separately from my abusive husband for over a year,but haven't had the money to get a divorce?

Yes, you may file as Head of Household if you have a qualified child and meet IRS requirements.

Unless you have a divorce decree or legal separation decree with separate maintenance your only filing choices are Married Filing Jointly (if you both agree), Married Filing Separately, or possible Head of Household if you have a dependent child that lived with you in a home that you provide for more than half the year and you did not live with your spouse at any time during the last 6 months of the year.

See the answer to the below FAQ on head of household qualifications.

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

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