Q: Can I proceed with divorce court date without filing taxes?
My spouse and I have not filed our taxes for the previous two years, but we have agreed to split whatever we owe to the IRS. My first divorce court date is next month in DuPage County, Illinois. Can I proceed with the court date even if the tax filings are still pending?
A:
You "can" proceed with your divorce without filing your taxes, but that doesn’t mean you "should". If your first court date is next month, you don’t have to finalize everything right away. It’s best practice to know exactly what is being divided before finalizing your divorce—except in rare circumstances.
I strongly recommend filing your taxes first, so you have a clear understanding of what is owed. Once you know that number, you need to create a plan for repayment. Are you planning to sell a house or use other assets to pay the debt? More importantly, how will you protect yourself if your spouse doesn’t pay their share?
The IRS has powerful enforcement tools, including wage garnishments and bank levies. If the debt isn’t handled correctly, you could be held responsible for the entire amount. Before moving forward, make sure you have a clear agreement on who will pay what and how it will be enforced.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
