I have been separated from my wife since January 2011. However, the divorce is not finalized yet. She does not have access to my W-2 and we have not had any contact at all. She listed me as her spouse on her taxes but I did not sign or consent to anything. What are my options? Do I have any type or legal case against her or are there other options?
You can file Married Filing Separate. If either of you have a child that you provide a home for, you are no longer considered married anyway. If one of you has a child, and you live apart for the last six months of the year, you are no longer married under tax law. So file MFS, Single, or Head of Household, whatever the case may be. If she signed your return against your will, you should just file as you would have.
I agree with attorney Larson. Just file your own return as if she did not file with you on her return. The IRS will see the duplication and sort this out.
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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