How to file your taxes while a divorce is pending

You can either file with your spouse (Married Filing Joint) or by yourself (Married Filing Separate).

If a married taxpayer is not filing with their spouse, then the following requirements must be met in order to be considered unmarried and qualify for Head of Household filing status:

1. Taxpayer paid over half the cost of keeping up the home
2. Taxpayer's spouse did not live in the house at any time during the last six months of the tax year
3. Taxpayer's home must be the main home for more than six months of the taxpayer's dependent child (includes children whom the taxpayer signed a Form 8332 allowing the noncustodial parent to claim the exemption). Note: the only persons who qualify are a child, stepchild, or eligible foster child.