I file divorce last month and i am going to file my tax.
They told me I have to file my tax with my wife because we are still married in 2012.
My question is If we file tax together it can effect the divorce procecing time.
And how I can make sure that my wife she will divided the tax return with me.
You should file your tax returns using the filing status "married filing separately" which means that you would only report your own income and your own deductions.
That being said, if your relationship with your wife is still on good enough terms, you could file as married filing jointly, but the IRS will not issue two checks for any refund so you'll have to work out with your wife how to make sure you get part of the refund. One possible solution would be for her to give you cash equal to half of the refund now and then she can keep the entire refund when she gets it.
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How you file your taxes does not affect your divorce.
I am not aware of any rule requiring you to file jointly, although your tax preparer may know of reasons why it is a good idea for you to do so.
If you file jointly and get a refund, the refund will be payable to both of you, so you would both need to sign the check.
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Divorce / Separation Lawyer
The parties can either file a joint tax return, or you can file married but separate. If you file a joint return, the check will come in both your names. Your tax person can advise you in regard to which filing would be best for you.
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You only want to file jointly if you think there will be no issues when it comes to splitting the refund. If you guys are not getting along at all, file as Married Filing Separately and save yourself a headache.
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