Addison, MI asked in Divorce and Tax Law for Massachusetts

Q: Our MA divorce court date was 11-30. Can we file taxes as single?

One lawyer says that due to the nisi period, we have to file married or married/separately. The other and my ex's tax guy says we file single. Which is correct?

Related Topics:
2 Lawyer Answers

A: Your marital Status is determined as of year end. If you're divorce was finalized by the issuance of a decree on 11.30.19 you would file Single for the year assuming no dependents and you did not remarry prior to the end of the year (yes, I've seen it).

Don't take tax advice from a lawyer without an LLM in tax or a CPA without an MTX.

Best of luck in your future endeavors.

Jeffrey Anton Collins agrees with this answer

Jeffrey Anton Collins
Jeffrey Anton Collins
  • Tax Law Lawyer
  • Naperville, IL

A: If you were divorced as of December 31, you are and may file as "single". Unless, of course, you qualify for head of household status.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.