QUESTION
Do we need to file jointly for 2013 since it is a new tax year and our divorce has not yet been filed?
Asked on Feb 05th, 2013 on Divorce - California
More details to this question:
My husband and I have agreed to a divorce and have agreed on a settlement and the distribution of assets. I am going to file in the county that I have lived in for six months (we both live in California). My husband lives in another county and I would like to give him the petitioner's portion of the divorce packet without actually having to serve him. Is it possible? Do we need to file our taxes jointly, even though I have not lived with him for almost 7 months now? (We separated in June 23rd 2012).
5 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You can file separate if you get the divorce before the end of the year.
Answered on Feb 07th, 2013 at 9:38 PM
You can file jointly until your Judgment is entered. Most couples find it to their advantage to do so as married filing separately usually results in a larger tax being owed. You must either serve him with the petition or request that he sign a Notice and Acknowledgment of Receipt.
Answered on Feb 07th, 2013 at 2:25 PM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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Your tax status for a given calendar year is governed by your marital status at the very end of the year. Unless you were divorced by December 31, 2012, your filing options are married joint or married separate; you can only file single for 2012 if judgment is entered on or before 12-31-12.
Answered on Feb 07th, 2013 at 2:25 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You aren't required to file jointly ever, but for tax year 2012, filing jointly may be preferrable to filing married filing separately. It is your joint choice on what to do. As for service, if he signs and returns a Notice and Acknowledgment of Receipt (FL-117) and you file that attached to a proof of service, then he will be properly served. He doesn't have to be formally "served" if he accepts service by mail. Just have someone other than you sign the bottom of the Notice and Acknowledgment of Receipt and the Proof of Service forms.
Answered on Feb 07th, 2013 at 2:24 PM
If it is a benefit to file jointly for 2012 you may do so. If the divorce is final during 2013 you may not file jointly.
Answered on Feb 07th, 2013 at 2:23 PM