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Anonymous asked in Family & RelationshipsMarriage & Divorce · 2 months ago

Filing for Legal Separation: Can spouses file jointly?

Just wondering how the process works. It would be preferable to file jointly so that I dont have to serve them and go through that process. There are no children involved, we have kept finances and other material items separate. We have already lived apart for over a year, so it's really just signing the paperwork. Any help would be appreciated. Thanks

1 Answer

  • 2 months ago
    Favorite Answer

    Are you talking about filing taxes or filing for a separation with your local courthouse? Because the question is posted in the category for US taxes.

    If you're asking about filing a joint tax return the answer is yes - you can file jointly as long as you were still legally married on December 31st and both spouses willingly agree to file jointly with the other spouse. The IRS does not care that you are separated if you choose to file taxes jointly.

    If you're asking about filing for a separation agreement then you should move the question to another category and update with some clarifying info.

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