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my ex husband filed as married and we are divorced, how can I file my taxes? ?

We were divorced before December, can I still file my taxes and get money even if he filed already? 

9 Answers

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  • 1 month ago

    Perhaps he is remarried to someone else.  Just file yours properly.

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  • 1 month ago

    YOU file a correct return on paper, and include documentation that you are no longer married. Then the IRS penalizes him for filing an improper return. Unfortunately, your refund, if any, will be delayed while they determine you filed properly.

    I recommend consulting a tax attorney to assist you.

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  • 1 month ago

    Married to whom?

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  • 1 month ago

    You file as single )or HoH as the case may be) and mail your return in (include a copy of the divorce decree to speed things up) if the efile gets rejected.

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  • 1 month ago

    If your divorce was finalized and you were no longer legally married on 12/31/2019 then you should both be filing your own returns with "single" as your filing status.

    If he filed a joint return with your name and SS# without your signature then that was a fraudulent return. You can and should still file your own correct return. In fact if you don't file your own return the IRS might incorrectly assume that the married return was valid and you'd be liable for any problems with his invalid return until you proved you did not sign it.

    You should file your own tax return with "single" as your status and showing only your income, withholding etc. His return has already flagged your SS# as being used this year, so you won't be able to file electronically. So print your complete return and mail it to the IRS processing center. I suggest including a brief letter explaining that your divorce was finalized before the end of 2019 and you believe your ex-husband may have filed joint return using your name without your permission. Also include a copy of the final divorce decree.

    The IRS will contact you if they need any additional information but providing that letter and the divorce decree should give them a head start on sorting this out.

    If your Ex-husband files an amendment to change his status to single and remove you from his return and repay any difference in his refund then everything will be fine. If he refuses and tries to insist that his joint return was correct the IRS will make him regret his lies.

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  • 1 month ago

    Easy. File as a single person and get him in trouble with the IRS.

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  • danxp2
    Lv 6
    1 month ago

    If he used your name and social security number to file married incorrectly as you state, you will be rejected by e-file and are required to file by paper mailing the returns to the IRS. Since you were divorced at the end of 2019 your filing status is single... unless you qualify for Head of Household... assuming you did not remarry before the end of 2019 

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  • martin
    Lv 7
    1 month ago

    Better refunds come from filing jointly. You should let his return go through and arrange with him to take your fair share of any refund. But tell him, from here on in, it must be singles filing separate.

  • Dze
    Lv 7
    1 month ago

    if your legally divorced file singly ...you cant both cliam the same dependents though ..basically whoever claims them first gets it and you'll have to resolve a problem in court ..

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    • STEVEN F
      Lv 7
      1 month agoReport

      WRONG. The IRS will determine who can legally claim any dependents REGARDLESS of who filed first.

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