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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 Tax return Tax law

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!

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Attorney answers 4


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.

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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.


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.

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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.

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