When contemplating a divorce, is it better to first start filing your own taxes?

[reikiman]

My friend's marriage is in New York, and is intending to file taxes in New York.

I am helping a friend who is trying understand how to free herself from a marriage. Earlier, I'd asked about how she might work with tax lawyers when she's possibly done some illegal stuff (https://forum.freeadvice.com/threads/how-to-talk-with-tax-preparer-if-youre-afraid-you-did-an-illegal-thing.660912/). Thank you for the advice about attorney-client privilege.

Her next question is about the order of events. Is it better to start divorce proceedings, and later start filing taxes on her own? Or is it better to start filing taxes on her own before starting divorce proceedings?

She has been living separately from her husband for some time. She left without having advice from an attorney, because it seemed unsafe to continue living with her husband.

Me? I'm perhaps an idiot, who became involved, and don't understand enough to be able to give good advice to her.

 

[Just Blue]

My friend's marriage is in New York, and is intending to file taxes in New York.

I am helping a friend who is trying understand how to free herself from a marriage. Earlier, I'd asked about how she might work with tax lawyers when she's possibly done some illegal stuff (https://forum.freeadvice.com/threads/how-to-talk-with-tax-preparer-if-youre-afraid-you-did-an-illegal-thing.660912/). Thank you for the advice about attorney-client privilege.

Her next question is about the order of events. Is it better to start divorce proceedings, and later start filing taxes on her own? Or is it better to start filing taxes on her own before starting divorce proceedings?

She has been living separately from her husband for some time. She left without having advice from an attorney, because it seemed unsafe to continue living with her husband.

Me? I'm perhaps an idiot, who became involved, and don't understand enough to be able to give good advice to her.

Please post all questions related to your friends situation on your other thread. Please delete this thread. Thank you.

 

[reikiman]

Last year - I was told by moderators to keep each distinct question on its own thread.

Hence, this question is a different question-- and it should therefore be its own thread. The other question had to do with how to get legal advice. This question is about the order of events. Different questions, different threads.

 

[Taxing Matters]

Her next question is about the order of events. Is it better to start divorce proceedings, and later start filing taxes on her own? Or is it better to start filing taxes on her own before starting divorce proceedings?

Whether she files jointly or separately isn't going to impact her divorce much. She should file whichever way saves her the most tax. Usually filing joint is the better way to go, but she would not want to file joint if:

1. The joint return will have more of a balance due than she would have on a separate return AND that tax will not be paid when the return is filed or
2. She knows that any of the information on the joint return is fraudulent.

 

[LdiJ]

My friend's marriage is in New York, and is intending to file taxes in New York.

I am helping a friend who is trying understand how to free herself from a marriage. Earlier, I'd asked about how she might work with tax lawyers when she's possibly done some illegal stuff (https://forum.freeadvice.com/threads/how-to-talk-with-tax-preparer-if-youre-afraid-you-did-an-illegal-thing.660912/). Thank you for the advice about attorney-client privilege.

Her next question is about the order of events. Is it better to start divorce proceedings, and later start filing taxes on her own? Or is it better to start filing taxes on her own before starting divorce proceedings?

She has been living separately from her husband for some time. She left without having advice from an attorney, because it seemed unsafe to continue living with her husband.

Me? I'm perhaps an idiot, who became involved, and don't understand enough to be able to give good advice to her.

If she has done some shady things, tax wise then it might be wiser to file separately so as to not involve her soon to be ex husband in anything that could potentially be a problem with the IRS.

 

[Zigner]

Last year - I was told by moderators to keep each distinct question on its own thread.

No, you were not. Last year you were told to start your own thread and not hijack others' threads.

 

[not2cleverRed]

She can file taxes before filing for divorce. Her goal should be to file before the deadline.

While @Taxing Matters generally gives good advice regarding taxes, in a domestic violence situation where one party is in hiding from the other, that situation bears more consideration than the standard "file whichever way is most beneficial taxwise to you."

Does she have a stay away order?

Is she receiving any help from an organization like The Retreat ?