Re: filing for taxes after divorce

There is no automatic rule for filing of income tax returns, nor is there a specific date for divorce purposes, by which you must file. You should decide with your accountant which is the best way to file your taxes and when. You should ask your accountant to calculate you taxes in a variety of scenarios: ie. if you were married or single. Then you can make the best decisio for your self and your situation. If you should use any rule of thumb in divorce, you should try to strive for independence and knowlegeable decisions, as you go through the divorce process.

Re: filing for taxes after divorce

Thank you for your inquiry.

Generally speaking, if your divorce is final prior to December 31, 2003, you must file single for that entire tax year. If your divorce is final after January 1, 2004, you have the option of whether to file jointly or "married separate" for tax year 2003. When faced with the issue of divorce after January 1, the courts will generally order the filing which produces the greatest overall result. It would be a good idea to consult with a CPA to figure out the result of joint filing vs. the result of two "married separate" filings.

An "uncontested" divorce takes about 90 days to complete. By waiting to file until November 1, it is guaranteed that your divorce will not be final until after January 1, and therefore, the option of filing jointly still exists. However, even if the divorce is filed September 1, the paperwork can be suspended for filing after January 1.