Clients they are not legally married but they filed as mfj.

[vannun33]

I have clients they filed as mfj with their son but they are not legally married to this day. I just found out and I want to know what should I do this year, should I filed only HOH for working person or continue as mfj. I am confuse. 

[rbynaker · Accepted solution]

There aren't too many states that still allow common law marriage, but it some states, the act of filing an MFJ return creates a common law marriage.

[rbynaker]

Here's what a quick google turned up, which may help you in your research:

http://www.unmarried.org/common-law-marriage-fact-sheet/

[TaxGuyBill]

But then they would be legally married.   :smile:

[George4Tacks]

Explain to them that the prior years are incorrect and offer to file amended returns for the open years. The decision is up to them.

For the current year, YOU must file a correct return. You say "working person" which hints that one of them does not work. Possibly you can file HOH with the child and the non working person.