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    icedtea86's Avatar
    icedtea86 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Dec 10, 2007, 02:23 AM
    Separated, but 'ex' is not legal citizen, how do I file?
    I got married in Aug 2007 under false pretenses and am currently separated from him (although in North Carolina, I believe 'separation' is just one year of not living together, and after that year we file for divorce.) as of mid-september 2007.

    I never changed any of my documents (social security, passport, driver's license) to his last name, if that matters.
    My question is, how am I supposed to file if he does not have a SSN or an ITIN and I do not live nor communicate with him?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Dec 10, 2007, 03:25 AM
    "You are considered unmarried for the whole year if, on the last day of your tax year, you are unmarried or legally separated from your spouse under a divorce or separate maintenance decree. State law governs whether you are married or legally separated under a divorce or separate maintenance decree."

    This info is from IRS Publication 17: Your Individual Income Tax. Thus if you are legally separated, then your status is Single. If you are not legally separated on Dec 31, 2007, you status for the year is married, and you can file as Married Filing Jointly or Married Filing Separately. So in your situation you will file as Married Filing Separately and attach a statement for the SSN/ITIN.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Dec 10, 2007, 01:56 PM
    MukatA has it right!
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