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There is only one instane that you should file married filing separately, it is by far the worst way to file, if you are married use the standard deduction if you do not itemize, the only way I would file separately (even if I am separated from my wife) is if she won a million dollars in the lottery and refused to report it on our tax report, I do not want to go to prison with her so I would file separate and have nothing to do with it. You would use a normal 1040 or 1040EZ/ A and at the top check "married filing separately". You gain the same standard deduction as filing single and you can only claim children once per return (another reason to file jointly). Whoever files taxes first will gain the benefit of claiming the children.

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Q: What form do i use if i am filing married filing single?
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Can you file joint if your husband files single and you are still legally married?

Unless your husband is in reality your ex-husband under a decree of divorce or separate maintenance, he is not allowed to "file single." (Filing single is not the same thing as "married filing separately.") If you are married, the only filing statuses you may use are: 1) Married filing jointly 2) Married filing separately 3) Head of Household under rare circumstances where your spouse did not live with you at all during the last six months of the year, is not reasonably expected to return, and you maintain a household for a qualifying dependent child. If your husband has already filed, properly or improperly, your only choice is Married Filing Separately (or Head of Household if you qualify). Your husband can't file two returns. If your husband comes to his senses later, you can amend your returns and file a joint return.


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