Community States

Jeanine · #1 (**permalink**) 01-26-2011, 12:21 PM

My 20 year old son separated from his wife July 10, 2010. They filed for a divorce August 20, 2010. The divorce was final January 21, 2011. We live in Washington State. He tried to do married, filing separately on turbo tax and there is a problem because this is a community state. He does not want to file jointly with her. Can he file single? Can he file legal separated even though didn't file for a legal separation but did separate from his wife in July and they jointly filed for a divorce in August? Other than that, everything is simple, no kids, made under $25K. What are his choices?

Wnhough · #2 (**permalink**) 01-27-2011, 12:14 AM

“Can he file single?”---->No. He must file either MFJ or MFS for 2010 return as the divorce was final in 2011, not in 2010.
“Can he file legal separated even though didn't file for a legal separation but did separate from his wife in July and they jointly filed for a divorce in August?”----->Yes he can. Married couples can file MFS whether they live together or not. As said above, his divorce was final in 2011, so he can file , for his 2010 return, as either MFJ or MFS.