Do I have to file for a divorce in Texas after filing taxes as “”married filing jointly” and having a child together?

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Do I have to file for a divorce in Texas after filing taxes as “”married filing jointly” and having a child together?

I have also been using my boyfriends name on legal documents, such as picking his son up from school and the doctors office. We have presented ourselves as married. I want to move out of state with our daughter and leave this drunk behind but do not want to file for divorce if I don’t have to. He is verbally abusive and don’t allow me to see my family. He lost custody of his son due to bad parenting but his parents gave him back only because I was there, they will take him back when I leave. I can’t be in the same state with him as I am scared of this man. Our baby is two, his son is ten.

Asked on May 29, 2009 under Family Law, Texas

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You do not need to file for a divorce, since you were never married.  You may, eventually, however, have some explaining to do to the IRS and the state's treasury deparment as a result of fraudulently claiming to be married on your income tax returns.  You may want to talk to a tax attorney to find out what your options are to straighten out whatever mess that has caused.  It will likely affect your boyfriend's tax liability, as well.  Better come clean, though, to avoid bigger problems later on.


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