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If your spouse is a bigamist, can you change filing status from married joint to head of household?

If you filed you original return as married filing joint and you discover that you should have NEVER EVER filed married/joint because your were never legally married because your "alleged spouse" was already married (and not divorced) to someone else, can you change your filing status then? I live in Louisiana, and common law marriage is never considered legal in any way. I can't file injured spouse because I was not the spouse. I want to ammend my returns for those years.

You have what is called an "invalid joint election"--which *is* a valid reason to change the filing status from MFJ to single or HOH (assuming you qualify).

Attach whatever documenation you have that your marrige wasn't legal to the 1040X (or 1040A) when you file.

honestly, i think you should have a tax lawyer go over your state laws and mandates with you. You may be eligible for back taxes if the statute of limitations hasn't run out.
i'm sorry he was a bad guy tho, but Karma ALWAYS works out and in the long run I'm sure you'll get your due. as will he.

good luck!

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