Can We File a Joint Tax Return the Same Year We Get Divorced?
Tax returns can be filed as married filing jointly if the parties were divorced by 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 savings.
Have you and your spouse completed a divorce right before taxes, and want to know if you can file jointly? Let a Bristol County Divorce Lawyer guide you.