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Your filing status is legally defined by your marital status at 11:59 pm on December 31st of any given tax year. So for the 2011 tax year whatever your marital status is right after the ball drops in Times Square - then that will help determine what your filing status is.

If you are divorced by then your filing status would be Single if you don't have any dependents or, possibly, Head of Household if you do.

If you are still legally married at that moment then you can file one of three ways:

Married Filing Jointly (still the BEST option to get the most deductions/credits)

Married Filing Separately

or, possibly you may qualify to file as

Head of Household (with a dependent) if you meet the strict guidelines.

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Q: Should me and my wife still file tax return together next year if we are getting divorced soon?
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