QUESTION
When is a divorce final for federal tax purposes?
Asked on Jan 16th, 2012 on Taxation - Ohio
More details to this question:
From the perspective of the IRS for Federal taxes, is a divorce final on the date when the judge grants it or when he/she signs the order? I was recently divorced. The judge granted the divorce in December and signed the order in January. I need to know for 2011 Federal Income Taxes if I need to file single, married, or if we have a choice.
2 ANSWERS
Donald B. Lawrence
A Court speaks through its written orders. Thus, under the facts of your question, you were still married as of 12-31-11. Did this information help answer your question(s)? Details and context often affect the validity and usefulness of an answer that is based on a general statement of the law. You may need to consult directly with an attorney and provide additional information in order to get the best answer.
Answered on Jan 30th, 2012 at 8:46 PM
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Paul A. Nidich Attorney at Law
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A divorce is not final until an Entry is signed by the Judge and entered by the Clerk of Court.
Answered on Jan 30th, 2012 at 2:46 PM