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My ex filed our taxes as married, filling joint. We have been divorced since 08/2009.

Colorado Springs, CO |

I also just found out that he did the same thing for 2009 and told me we had to file jointly since we were married for over half the year and that we owed when in actuality he received $3100 in refunds. Legally, do we have to file separately and how do I amend what's already happened?

Attorney Answers 4


  1. First of all, any joint return will require your signature. Did you sign the return? If not, and your husband signed your name without your knowledge and consent, then your ex-husband committed a felony. I suspect that he also forged your signature on the $3,100 refund check, which will just compound his problems. Filing separate or joint has nothing to do with whether or not you are married for a certain number of months during the year. Married persons can file either jointly or separately, at the option of the married couple. You indicate that you were divorced since August of 2009. Therefore, since you have been declared legally divorced by a divorce decree before the last day of the tax year, which is December 31st, you can file a separate return for 2009. Therefore, you may want to consider filing a separate return for 2009 and include a well written and detailed letter to the IRS explaining that you have been divorced since August of 2009 and that your husband filed a joint return for that year without your permission or consent. Furthermore, you will want to include the fact that any refund issued with respect to 2009 was fraudulently endorsed. You should also communicate to your husband that his actions have been disclosed to the IRS.


  2. The answer depends on whether you signed the return or not. For 2009, both of you have to file as single. File your return for 2009 and 2010 as single and wait for a letter from the IRS.

    Disclaimer of California Attorney. Laws differ form state to state. Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.

    Good Luck starts with a strategy and a plan.

    Robert J. Suhajda, MS,CPA
    Attorney-At-Law
    17721 Norwalk Blvd. #43
    Artesia, CA 90701
    562-924-8922

    Tax Relief Lawyer. Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns, Homeowner Association Strategist.


  3. To file a joint income tax return you are required to be married on the last day of the tax year. You and your spouse must also sign the tax return. If she signed on your behalf she filed a fraudulent tax return by forging your signature. Notify the IRS that you did not sign the return and file your own return. It would be a good idea to have a tax professional assist you through this process.

    Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.


  4. To file a joint income tax return you are required to be married on the last day of the tax year. You and your spouse must also sign the tax return. If she signed on your behalf she filed a fraudulent tax return by forging your signature. Notify the IRS that you did not sign the return and file your own return. It would be a good idea to have a tax professional assist you through this process.

    Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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