Thank you for choosing Just answer. Lets address the first issue-divorce. To the extent that you do not have a final divoce decree by the end of a filing year (i.e. 2008) you have several options. You can file married filing separate or married filing jointly or Head of Household. You can only file as Head of household if in fact you provide more than 50% of the supoort for your children. You do not need to have the final decree finalized to determine who may claim the children. However, if that is still an open issue not having that determination could pose a problem.