Can I File a Joint Tax Return the Year of My Divorce?
Tax returns can be filed as married filing jointly if the parties were married on December 31st of the tax year. So for instance, if the divorce was final on December 30th, they could not file jointly and that includes the waiting period from after the divorce hearing. So in a case where it’s a joint petition for divorce, the divorce is final 120 days from the date that the divorce hearing is held and in a case where it’s been a complaint for divorce, it’s final 90 days from the date of the divorce hearing. So we are always very cautious to make sure that if the parties do want to file jointly that their divorce hearing occur before October 1st using rough dates, for that particular party because typically filing married or filing jointly is a tax saving so if I’m married filing separately. So that’s something that we always try to give that benefit to our clients.
This informational blog post was provided by Cynthia Hanley, an experienced Massachusetts Divorce Attorney.