QUESTION

How long is a marriage if separated for years and what is the filing status?

Asked on Feb 21st, 2015 on Divorce - California
More details to this question:
I've been separated from my husband since the end of 2010 (by his own doing) and we have not seen or spoken to each other since. Although we live in the same city and we know where each one lives. By the way, our children are grown. Do I have to file married filing separately or can I file single or something else, with the IRS? Am I still married?
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3 ANSWERS

Business Litigation Attorney serving Los Angeles, CA at Gerard A. Fierro & Associates
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If you have not yet obtained a divorce judgment then you are still married. You must file married filing separate unless you and your spouse agree to file a joint tax return.
Answered on Feb 23rd, 2015 at 1:35 PM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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You just fill out the divorce papers and put in the date you separated. It is treated like any other divorce. Good luck.
Answered on Feb 23rd, 2015 at 9:32 AM

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Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
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You obviously are still married until marriage is effected by death or decree of divorce, annulment, or legal separation and the I.R.S. agrees.
Answered on Feb 23rd, 2015 at 9:32 AM

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