filing status if husband claims HOH and we are not legally separated
We have been separated but not legally for 4 years. Husband did not claim 2008 and 2009 taxes until recently and I thought he had. (Dumb me) He finally had them done by a tax attorney and he's claiming HOH for both 8 and 9 and then will again for 2010. The tax attorney did my taxes for 8 and 9 and I'm getting a refund but he put my status as single since husband is claiming HOH and single . If husband files HOH do I still have to file married filing separately? My refund is not substantial and I don't think the change in status will make a big difference in refund but is it legal for me to file as single? I feel like I should stay consistant with 2010 which I'm doing myself, but is filing single in my cirucumstance legal?