If my soon to be ex-spouse filed joint income tax return with out my consent, what can I do? 8 Answers as of June 12, 2013

My husband and I separated last year. I had a feeling he was going to try to file a joint return, even though I clearly told him I would not sign or consent to a joint return. Even though I had no income to report, I decided to file a tax return under married filing separately, to protect myself, just in case. I have just received a letter from the IRS stating I filed two tax returns for 2012, one married filing separately and one married filing jointly! They are asking if I did submit more than one return for 2012, my filing status, if one was intended for a different year (it wasn't) and there is a space for other reasons for filing two income tax returns. How do I respond to this? And what can I do about my soon to be ex-spouse filing a joint return with out my consent?

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The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Go talk to a smart divorce attorney near you, and take action. Smart action. Too bad you are not in New Jersey. It is hard to find a good divorce lawyer who will fight for you and not charge an obscene amount of your money. Find someone who spends most of their time in divorces. Find someone who has been in court several times this year (2013) in the county courthouse where your divorce will be filed. If they don't go to court often, they are not the lawyer you want. And find someone who has handled at least three or four full and complete divorce trials.
Answer Applies to: New Jersey
Replied: 6/12/2013
Glenn Milgraum PC
Glenn Milgraum PC | Glenn P. Milgraum
Before you get into a legal battle, speak to your accountant/tax preparer for guidance here.
Answer Applies to: New Jersey
Replied: 6/11/2013
Elizabeth Jones, A Professional Corporation
Elizabeth Jones, A Professional Corporation | Elizabeth Jones
Tell the IRS the truth.
Answer Applies to: California
Replied: 6/11/2013
Clothier Family Law | Louis Martin Clothier
More information is needed to give you an appropriate response. You should retain a local family law attorney to assist you with your case.
Answer Applies to: Kansas
Replied: 6/11/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
You need to speak with an attorney and or accountant. If you had no income it would be financially very unwise to file married separately as it will increase the taxes, and diminish the marital estate. That is clearly not in your interest, you should counsel with an attorney and get going, it will not get any easier.
Answer Applies to: Michigan
Replied: 6/11/2013
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