Filing 2008 taxes after divorce

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jjay74

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Hello all. I have a question regarding filing my 2008 tax return. I moved out of my house voluntarily on July 11, 2008. I filed for divorce from my wife in November 2008. The divorce papers were signed by the judge on January 14, 2009.

What are my options on filing a tax return? I have filled out some of the free online calculators and end up owing a ton of money. While married, I never owed money and got a nice refund check. There are two children involved, of whom my ex wife got custody.

Am I correct in assuming that we have to file a joint return due to the fact that our divorce wasn't final until 2009? Of course, there's also the option of filing married/seperate returns, but that will rake me over the coals also.

Is there a legal way to force a joint return and split the tax return? There is nothing mentioned of this in the divorce papers other than the fact that we cannot file joint in the year of our divorce (which would be for next year's 2009 returns).

*Edit* From the point of moving out on July 11 up until now, I paid the mortgage payment to my ex-wife (sort of like child support). I did not have any requirement in writing to pay child support until we signed the seperation agreement/divorce papers in November.
 
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My guess is that your taxes would be a joint liability, but she might be quite happy to see you stuck with the larger bill. You may have to go back to court to get her to pay her equitable share. Your attorney should have recommended you consider income taxes as part of the divorce settlement, but many times they seem to forget.
 
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