Date of Divorce

[Wendy]

I know that I know this, but can't remember... Clients have not lived together for a few years, but have filed MFJ as it was better taxwise. They are quite amicable and want to do whatever is best financially. Received a divorce in December - and it is final in March. What is the actual date of divorce for filing status - December or March?

Thanks for any help.

[kcjenkins]

I don't really understand your post. How could they 'received divorce in Dec' if it was not final until March? You don't get divorced until it is final. So they were still married in Dec. And in Jan and Fed too, as far as that goes.

[Wendy]

Thanks KC. I probably used the wrong terminology - sorry. They went to court in December and were granted a divorce - which becomes final after three months. They would like to file MFJ but I wasn't sure if they could. Divorced as of March works for me.

[kcjenkins]

Yes, the divorce was started then, but did not become effective until the date it becomes final. Some of them drag on for a year or more, when there are lots of assets to squabble over. Or custody issues, etc. It's one of those true 'it's not over till it's over' situations.

[Wendy]

Thank you - it's just what I needed!