QUESTION
Do I have to file for divorce to have the ability to file single and do I HAVE to file married with my husband?
Asked on Jan 21st, 2013 on Divorce - California
More details to this question:
In 2012, I filed my 2011 taxes with my son's father. We split up shortly after and he has no income for 2012. I married (pending a marriage license) my high school sweetheart a couple months ago. I use his last name and refer to him as my husband - setting grounds as common law marriage. I filled out the forms when I got my jobs in 2012 as single.
5 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can file as married, filing separately. Idaho does not have common law marriage anymore. But even if it did, you cannot have a common law marriage if you are still married to somebody else. So, regardless of filing taxes, get divorced so you can move on with your life.
Answered on Jan 23rd, 2013 at 11:25 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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There is no common law marriage in California. As for filing taxes, you should consult a tax expert for advise (a CPA or accountant).
Answered on Jan 23rd, 2013 at 11:23 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Delaware has no common law marriage. If married at the end of 2012 you and husband, can, but do not have to file as married. You can file singly but many couples find it advantageous to file married.
Answered on Jan 23rd, 2013 at 11:22 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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WI does not recognize common law marriage. It isn't clear if you were married to your son's father but if you were, you can file married together or you can married filing separately.
Answered on Jan 23rd, 2013 at 11:22 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You can file married filing singly. However if he had no income for 2012 you may be better filing jointly see your tax preparer. There is no such thing as common law marriage in California.
Answered on Jan 23rd, 2013 at 11:21 AM