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Dear Attorneys,


My husband and are getting divorced today (December 30th), but we want to file our taxes for this year jointly. Can we do that?




Joint Filer


Dear Joint,


If you and your spouse want to file your taxes jointly (whether it is based upon an accountant’s recommendation or another reason), then you should not get divorced before the end of the tax year.  For example, if you want to file 2021 taxes jointly, you should not get divorced until January 3, 2022 as that is the first business day of the new year. If you do get divorced during any tax year, whether it is December 31st or any day prior, you cannot file taxes jointly as you will not be considered married as of the year’s end. If you have additional tax questions, you should seek the advice of an accountant.  Alternatively, you can choose to delay your divorce by a few days so that you can file jointly as you desire.


If you have additional questions regarding your dissolution matter, contact Wolf & Shore Law Group. We are here to make your divorce, custody, and post-judgment matters easier, not harder.  Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at


Very Truly Yours,

Wolf & Shore Law Group

*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.

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