Divorce not final, filing for head of household?

Forum|Forum|7 years ago
June 1, 2019
1 reply
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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?

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Best answer by bluedeb

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

bluedebAnswer

Employee

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

O

Opus 17

Employee

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.

V

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.