I believe you can file as Head of Household since your husband was not present during the last six months of the year and you provided more than one-half the cost of maintaining the home.
Yes, you can and should claim the children and will get the tax break.Do I have to file Married if my husband is incarcerated?
You can claim them. And if you are in the process of getting divorced, your husband's absence wouldn't be considered temporary, so if you are providing half of the cost of running the household, you could file as head of household rather than married filing separately, and could get EIC for them if your income qualifies. If you are living with someone else though like maybe your parents, and you aren't providing over half of the cost of running the household, you couldn't claim head of household, and if you don't file a joint return would have to file as married filing separately and could not claim EIC for them although you could still claim their exemptions and the child tax credit as long as you yourself are not a dependent.
You don't have to file a joint return. Assuming that your children live with you and you pay more than half of the cost of maintaining your home you would file as Head of Household.
The only other option would be Married Filing Separately but that would not make sense if you can file as HoH. You cannot file as Single though as you are still married.
Its not like he is bringing in any income..so I would say no
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