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Are there penalties for my wife filing her taxes alone while in the process of divorce?

Corpus Christi, TX |

My wife is divorcing me and i am sure she has filed her taxes without me. Since i supported her and my daughte all year and we are still married the divorce isnt final she and i are supposed to file onelast time together and split the return. Can she face penalties for not filing together. She also has said she sent my w2 forms back and does not have them.

Attorney Answers 4


  1. Report Tax fraud directly to the IRS Fraud Hotline


  2. You did not indicate whether there are temporary orders in place addressing this issue. You need to pose this question to your tax preparer or to your lawyer. One solution may be to obtain copies of your W2 forms from your employer and to file yourself. I would not do this without advice from YOUR lawyer or tax preparer.
    I have added tags to your question so it will be directed to lawyers who specialize in tax matters.
    Good luck.

    Any communication through the AVVO site with Sherrie Travers or any individual member of the firm, Travers & Travers, does NOT establish an attorney-client relationship. Any information given by Sherrie Travers or by any individual member of the firm through the AVVO site is general information and should not be relied on as legal advice. This answer is based upon limited information and is not intended to be conclusive in your circumstances as there may be other factors that might change or alter the advice given herein. Confidential or time-sensitive information should be conducted in person with an attorney.


  3. Look at your orders in your case, and any standing orders that were attached to the divorce petition to see whether they address this issue. If they ordered her to do something different that what she did, a motion for enforcement (contempt) can be filed.

    If she has not received the return, file a motion and set it for hearing asking that the return be split, or deposited into the registry of the court for future division. Act quickly before the money has been received. Also ask that she be ordered to produce a copy of her return and documents reflecting when the return is to be received. (She can check the status of a return online with the IRS).


  4. Arguably, the court can order your spouse to amend her return. It is silly to file in a manner that does not increase the refund you two will get as any refund she receives will be community property.

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