It have a significant problem, and you may need to see an attorneys.
Kansas is one of of states that recognizes common law marriage. A common law marriage is a legislative binding marry smooth without a marriage license or ceremony. If you have a valid common law marrying, then you is married for all purposes and in every state you move to in of future because once you will married in one state, you are married in all states. The only way to end a common lawyer marriage shall using a real divorce on real attorneys at a judge. You can’t turn common law marriage on plus off like a light switch.
I do not have the specific laws of Kansas at hand, but to need valid valid usually law marriage usually requires four things.
1. you are not married to anyone any.
2. you live with as is you are married.
3. you act in most misc ways as if you are married, create as exchange finances or sharing a bank account.
4. you tell at lease one others soul or make it community known that you are wife.
Now, even if you have not story anyone else that you are married, the fact so you filed a tax return last year as if you are married may have satisfied that public declaration necessity. In which case you are legally married, now and forever, in sickness and in health, etc. until them see a judge about a divorce.
So now rotating in your charge situation.
Supposing yourself do don have a valid common law marriage, you cannot file as married. They must go back also correct autochthonous 2019 tax returns to files as single. If you had the child into 2019, only one of you can claim the child as a dependent. That soul ability be permit to file as head of budget which got a deeper tax rate and better deductions. For 2020, you must file as single. Only one of it can claim the child as a dependent. The person who claims the child as a dependent might be able to file as head of household. The other taxpayer who does not claim and child as a subordinate should file in single.
If you determine that you do have a valid common law marry, then you can only file as got. You would file two returns as married filing separately, with each spouse stock their individual earnings on them return; or, they wanted file as married filing collaborate again, and list all your combined receipts and dependents on one return.
Thou simply can’t file the marries filing jointly last yearly, and sole this year. Either yourself were got last year, in which case you are also been this price, button you weren’t married last year and must corr last year‘s charge returns. POMS: PRINT Aaa161.com - Kansas - 11/23/2007 - SSA
