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Date posted: August 24, 2007

If my divorce was finalized in November, can I still file jointly for the year?

If I filed for divorce in August and it was finalized in November, can I still file jointly for the year? We have not lived together since July.

— Submitted by Bill

Well, the first question I have to ask is, why do you want to file together? I would assume that (a) you'd want to rid yourself of the marriage penalty and (b) you wouldn't want to file together — you are divorced, after all.

That said, if you are divorced during the year, you are treated as unmarried for that whole year, assuming that you have not remarried during the year. So, for the year of divorce, file as single.