Can I file married filing separately if divorced?
If you file as head of household, your spouse must file as married filing separately. Once you are divorced you may still file as head of household if you pay more than half the cost of maintaining your home for the tax year and your children live with you for more than half the tax year.
What states require legal separation before divorce?
Four states (Delaware, Illinois, Vermont, and Virginia) require six-month waiting periods before couples can receive divorce decrees. Maryland and Nevada require one-year waiting periods before allowing couples to file divorce. North Carolina requires one year of separation before allowing a couple to file divorce.
Is it better to get a legal separation before a divorce?
A legal separation can be a stopping point on the way to divorce. It allows a couple to resolve all the important issues (custody and financial issues) in their lives while keeping the marriage intact and determining what they really want. A legal separation is reversible. If you get divorced, there is no going back.
Can you get child support if your married but separated?
If you are separated from your spouse, you may be entitled to court-ordered child support payments if you have primary custody of your child. Parents are expected to financially support their children even when they are unmarried, separated, or divorced. Courts take child support very seriously.