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How to file tax returns during/post Divorce ?

San Jose, CA |

We have been married for the full year 2012 however we are going through divorce right now . My wife did not have any income in 2012 . Post divorce , she will return back to her home country . My issue is : if i file taxes married filing jointly , i will need her signature and will have to send her the forms to sign , which she might refuse and also i would prefer not to share every bit of my financial information and SSN now that we are separated . If i file married filing separately , i would incur a huge tax liability . What is the best way to go about this problem ? Thank you .

Attorney Answers 3


  1. Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

    I am sorry to hear about your situation. If your dissolution of marriage has not taken place, you probably need to file your return as a married person. The answer to your question will depend on whether your wife is cooperative with you in signing the return. If so, you can file jointly. If she will not, you have no choice but to file separately. Be sure to consult your own attorney to protect your legal rights.


  2. You have to choose: to file jointly you need her signature. This material is covered well in IRS publication 501: http://www.irs.gov/publications/p501/ar02.html#en_US_2012_publink1000220742


  3. Your only two choices are to file married filing jointly or married filing separately. You have to weigh incurring the large tax liability against disclosing all of your financial information. The question you have to answer is what is more important: keeping your financial information private or lowering your tax liability.

    Keep in mind that you may have to disclose your financial information during divorce proceedings anyway.

    lscampbell@cttaxhelp.com Office number: (860) 255-7423 Website: www.cttaxhelp.com. Our reply to your question has not created an attorney-client relationship. It should not be considered legal advice. You should contact an Attorney who can give you legal advice after acquainting themselves with the specifics of your case.

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