Common law partner

Is it a must to file a joint return when the couple is living together for more than 12 months? One of the partners still has a pending divorce court case.
They filed single in 2019 and cohabitating for over a year in 2020. Can they file single or must file common-law?

thank you for your response.
No one asked to “rob” anyone.
I was trying to clear up myself in relation to the pending divorce case
Why 2019 to revise, when the law says to cohabit for 12 months?

This will help explain the different marital statuses and why CRA needs to know:

https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/personal-address-information/marital-status.html

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For some unknown reason, the post pointing out the illegality of your clients proposal was “cancelled”.

Depending on the case facts, the clients could go to jail for cliaiming credits to which they are not entitled

It would be best to distance yourself from proposed filings such as that.

It is required that Taxpayers comply with the law, including them,
So yes,it is a “must” that they tell the truth on their tax returns. It would be best to encourage thm to do so.

This forum should be promoting adherence to the law.