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From a tax filing point of view, am I considered legally separated by having filed for divorce?

wrknhard4the$ asked:

My husband and I separated in Dec. 2006. I finally filed for divorce (that he asked for) in March 2007 in our home state of California. He and I have not lived together as husband and wife since the separation, but the divorce is far from being final. Are we considered legally separated and can I file my 2007 taxes as single or head of household? Or must I still file married filing separately?

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2 Responses to 'From a tax filing point of view, am I considered legally separated by having filed for divorce?'

bostonianinmo - February 15th, 2008 at 2:49 pm
No, you are not considered legally separated unless you have a decree of divorce or separate maintenance. You must file as MFS. You may file as HoH if you qualify for that status but you may NOT file as Single.
Judy - February 16th, 2008 at 12:06 pm
No, you aren’t considered legally separated just because you filed for divorce. You can’t file as single. But if you paid over half the cost of providing a home for your child who lived with you over half the year, and either you or your soon to be ex claims that child as a dependent for 2007, you can file as head of household. Otherwise you have to file as married filing separately, or file a joint return.