my husband has been in jail since june of 07. i had a baby in october and we also have a 2 y/o son together. he worked in the beginning of the year but i didn't get a job until dec. the pay period for my check ended december 30th but since i didn't get my check until january 4th i don't get a w2. i need to know if i should still file taxes even though i had no income. or if i should/can file for my husband

Yes, you should file for your husband. If you file jointly, you will probably be eligible for the Earned Income Credit.

Get the return prepared, then visit him to get his signature. With direct deposit, you can have the refund put into you checking account with no need for him to endorse the refund check.