Phil Marti wrote:
- quote -

I agree that it is a state law question.

If they were to suddenly file MFJ again (state law
allowing), then that raises the issue of were they really
single or should they have been filing MFS for those 5
intervening years. Separated [spelled correctly] does not
equate to divorced in all jurisdictions.

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

"Stuart A. Bronstein" <spamtrap[at]lexregia.com> wrote:

- quote -

The RCC does not have a rule against civil divorce, although
it obviously does not like it. It is remarriage following
civil divorce that the church bans.

--
D.F. Manno
dfm2a3l0t2[at]spymac.com
"The work goes on, the cause endures, the hope still lives
and the dream will never die."

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

Stuart A. Bronstein wrote:
- quote -

That is not true: it depends upon state law.

In some states a "trial separation" is used, and if it
expires with no further action, then they are still
"married."

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

Stuart A. Bronstein wrote:
- quote -

One of the requirements for a divorce in Virginia is that
the parties reside separately for a year. Sometimes one
spouse has sleeps on the sofa when visiting children from
out of town. I know of one case where the other spouse
subsequently raised the issue as leverage for child and
spousal support increases.

--
Frederick E. Jorden http://Tax-Accounting-Payroll.com
7825 Midlothian Tpk - 207 Richmond, VA 23235-5247
EMAIL knowtax[at]bigfoot.com
(804) 320-6210 FAX (804) 320-6211

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

"Mark Wiley" <mjwiley[at]stny.rr.com> wrote:

- quote -

It's a state law question. There may be some provision that
says cohabitation automatically nullifies the legal
separation. If not, they'll probably have to go back to
court.

--
Phil Marti
Clarksburg, MD

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

"Mark Wiley" <mjwiley[at]stny.rr.com> wrote:

- quote -

A true legal separation is the equivalent of a divorce but
is used for Catholics and others who are not religiously
allowed to legally divorce. I've never heard of a law
saying that a divorce is voidable simply because the parties
decide to get back together.

From that perspective my guess is that they are technically
not allowed to filed MFJ until they change their legal
status back to not legally separated. They should see a
local family law lawyer to straighten this out. In the mean
time, I doubt that they should file MFJ (though I suspect
the chances of being caught are slim).

Stu

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

I have a uniquie situation. Two clients I have , have been
filing single for the last five years because they have been
legally seperated. This year they have kmoved back together,
and are wishing to file MFJ. Can they, or do they have to
file single because of the legal seperation? Is there
something they can do legally to get the seperation
nullified?

Thank you, in advance, for your input

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->