Legal Question in Family Law in New Jersey
Tax
I have been seperated for more than 6 months and have not yet filed for Divorce in NJ. However, now it is time for filing taxes. What is the best way, either to file jointly or seperately? I have 3 kids who have stayed with me for the past 6 months.
2 Answers from Attorneys
Re: Tax
I will leave the tax problem to the tax folks. I do not do taxes as part of my legal expertise. I think, and you MUST check with an accountant on this, that you can file 'married filing separate'; you may have other options as well.
Another issue: you have the 3 children with you, and are on the verge of filing for divorce. Have you consulted a divorce attorney? You should do that immediately. Find someone who is experienced (ask about how many trials in the last 2 years, 5 years, and how much of the lawyer's work is on divorces), and someone whose personality suits you, someone you can work with for the many months that it will take to get the divorce and get through the post-divorce issues.
Call if you like; I would be happy to speak with you briefly about your situation. You can then decide how you would like to proceed.
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Re: Tax
If you are about to file for a divorce, I would suggest that you file your tax papers married, filing separate.
Antoinette M. Wooten, Esq.
137 1/2 Washington Avenue
Belleville, NJ 07109