Legal Question in Tax Law in Virginia

separated 11/03, filing married, but separately since. Now divorced. Could I have been filing single since the time I moved out? If so, can I refile? Thanks!

Asked on 3/01/10, 10:26 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law

Yes, you could've filed your federal taxes as a single individual from the time you had concluded a formal separation agreement with your spouse recognized under Virginia law, but not before.

And, if you had such an agreement, you could apparently refile corrected X returns going back at least three years from the present tax year.

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Answered on 3/06/10, 8:57 pm

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