Skip to main content

How am I supposed to file jointly with my ex husband if I have an order of protection against him?

Phoenix, AZ |
Filed under: Divorce

On our Dissolution & Decree we are to file taxes jointly for last year. Now that I have an order of protection against him, how am I supposed to get any tax information from him? Can I file separately on my own while still claiming married? Help!

Attorney Answers 4


  1. I am sorry that you are going through this. If you have an attorney you can have the attorney handle the signing of documents so that you are not together. Your accountant may also hold the documents for you and you each sign at separate times. If you do not get the tax information voluntarily you'll have to apply to the court for an order compelling him to do so. I hope that things work out for you and wish you the best.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  2. Challenging situation. If your decree indicates you are to file jointly for the prior year and you were still married at the end of that year then the best approach is to use a 3rd party to handle the communication. Our Chandler office has handled similar situations where two individuals needed to (or it was in their best interest to) file jointly but a protective order was in place. The office handles the communication between the two parties so they don't have to do so. I'm suspecting you'll be able to find a similar arrangement in your situation.

    Good luck.

    Evan A. Nielsen is licensed to practice law in California. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.


  3. If you have used the same accountant and/or tax preparer whenyou were married then you shuld be able to now. Just deposit your tax documentw with the preparer and have the preparer contact your husband for you.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.


  4. If for some reason my colleagues' responses don't work for you, you can also petition the court to modify the order of protection that you took out to allow for contact for the purposes of completing tax information, and could ask that the meeting occur at the court or some other neutral location.

    Anyone viewing this web site should not act on any information contained on this site without seeking professional counsel from an attorney. Use of this web site and/or transmission of information to the firm is not intended to create, and should not be construed as creating, an attorney-client relationship with the firm or any of its attorneys. If you choose to communicate with the firm or any of its attorneys or other personnel through this web site, do not transmit any confidential or sensitive information by e-mail until you have spoken to an attorney from our firm either by telephone or in person. This web site may be considered advertising under applicable laws and ethical rules. The Law Offices of Brent D. Harris, PLLC do not seek to represent anyone in any state where lawyers in the firm are not admitted to practice, or in any state where this web site fails to comply with all laws and ethical rules of that state.

Divorce topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics