Q: I'm separated, I was told I need to get a seprarion agreement so my ex and I can file for our taxes separately.
We got married in NY but lived in NC, I moved back to NY on July 2021. We also want to get a divorce, he moved back to NY on Oct 2021, we live in different cities. The proof I have that I moved out is the rental truck agreement from July 2021. Does it work as proof so we can get a separation agreement? How do we get a separation agreement?
A: You can file your taxes seperately. What you do is file as married filing seperately. Talk to your tax preparer about that. To do a seperation agreement you should consult with an attorney. However, if you want to get a divorce, you should do that as depending on circumstances you will do a marital agreement as part of the divorce.
A: Any couple can have a separation agreement. You dio not need proof, but for it to be legal it must be prepared correctly and executed correctly. You can also file for divorce as well without a separation agreement but with a Stipulation. As for taxes, while I am not a tax lawyer or an accountant, I do know you can file married filing separately, however your tax may be higher. You really should speak to an accountant about that. But you should contact a matrimonial lawyer about the Separation or Divorce issue.
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